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Agenda Packet City Council - 05/20/2003
CITY COUNCIL AGENDA City of Corpus Christi May 20, 2003 1:45 p.m. Coastal Bend Bays Foundation Chairman's Award presented to the City of Corpus Christi, Coastal Bend Bays and Estuary Program and Nature's Conservancy of the Rincon Project Swearing-in ceremony of newly appointment Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MAY 20, 2003 12:00 P.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. of at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirlgirse al Concilio y cree que su ingl~s es limitado, habr& un int~rprete ingl&s-espa~ol es todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Minister Mark Pugh, Church of Christ Windsor Park. C. Pledge of Allegiance to the Flag to the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Coimenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager George K. Noe Acting City Attorney R. Jay Reining __ City Secretary Armando Chapa E. MINUTES: 1. Approval of Joint and Regular Meetings of May 13, 2003. (Attachment # 1) Agenda Regular Council Meeting May 20,2003 Page 2 EXECUTIVE SESSION: (12:00 P.M.) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time dudng the meeting in order to discuss matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter551 of the Texas Government Code. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session pursuant to Texas Government Code, Section 551.074 to discuss the appointment of Municipal Court Judges with possible discussion and action in open session. Executive session under Texas Govemment Code Section 551.071 regarding CCMCA, inc. a Texas Corporation, vs. City of Corpus Christi, No. C-03-170, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. BOARDS & COMMITTEE APPOINTMENTS: (NONE) EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. SPECIAL PRESENTATION ITEM: (APPROXIMATELY 2:00 P.M.) North Padre Island Storm Damage Reduction and Environmental Restoration Project and execution of the Project Construction Agreement (PCA) by the Corps of Engineers (Attachment # 4) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 20,2003 Page 3 CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately by withdrawn for individual consideration in its normal sequence aflerthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCER FROM THE PREVIOUS MEETINGS; (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase of eleven (11 ) sedans and one(l) cargo van from Houston-Galveston Area Council of Governments (HGAC), for the total amount of $179,910.40. The award is based on the Cooperative Purchasing Agreement with HGAC. These vehicles will be used by the Police Department. Funds are available through the Law Enforcement Block Grant and Maintenance Services Fund. The vehicles are replacements to the fleet and the van is an addition. (Attachment # 5) Motion approving a supply agreement with Oil Patch Petroleum, Inc., of Corpus Chdsti, Texas for reformulated gasoline in accordance with Bid Invitation No. BI-0099-03 based on Iow bid for an estimated expenditure of $377,535.69 of which $62,922.62 is budgeted in FY2002-2003. The term of the supply agreement is for eight months, with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Maintenance Services in FY2002-2003. (Attachment # 6) Motion approving the lease of a reconditioned motor grader with H&V Equipment Services, Inc., of Corpus Chdsti, Texas for the total amount of $80,800, of which $6,674 is budgeted in FY2002- 2003. The award is in accordance with Bid Invitation No. BI- 0101-03 and is based on Iow bid. The term of the lease is for twenty-four months with an option to extend the lease for up to CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 20,2003 Page 4 10. 11.a. 11.b. twelve additional months subject to the approval of the City Manager or his designee. The motor grader will be used by the Park and Recreation Department. (Attachment # 7) Ordinance appropriating $434,540 from the Unappropriated Interest Eamings from Water 1994 Capital Improvement Program Fund No. 4081; transferring to and appropriating in Water Capital Improvement Program Fund No. 4080 for the relocation of waterline on Rand Morgan Road (FM 2292) from Leopard Street to McNorton Street; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $434,540. (Attachment # 8) Motion authorizing the City Manager or his designee to execute an emergency procurement with Bay Ltd., Inc. of Corpus Christi, Texas in the amount of $434,540 for waterline relocation on Rand Morgan Road (FM 2292) from Leopard to McNorton Street. (Attachment # 8) Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Consultant with Cotten, Landreth, Kramer Architects and Associates, Inc. of Corpus Christi, Texas in the amount $325,376 for a re-stated fee of $347,976 for the Police and Fire Public Safety Training Facility, Phase 1. (Attachment # 9) (Bond Issue 2000) Motion authorizing the City Manager or his designee to execute an agreement for engineering services with MEI Govind, Inc. of Corpus Christi, Texas in the amount of $42,000 for the Bayfront Convention Center Expansion and New Multipurpose Arena - Phase 3 Street and Parking Lot Modifications. (Attachment # 10) Motion authorizing the City Manager or his designee to accept a grant in the amount of $2,112 awarded by the Corporation for the National and Community Service for Retired Senior Volunteer Program (RSVP). (Attachment # 11) Ordinance appropriating a grant in the amount of $2,112 awarded by the Corporation for the National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired and Senior Volunteer Program (RSVP). (Attachment # 11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing May 20,2003 Page 5 12.a. 12.b. 13.a. 13.b. 14.a. 14.b. Motion authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides a grant of $15,000 to the City for the expansion and remodeling of the children's area at the Central Library. (Attachment # 12) Ordinance appropriating a $15,000 gift from the Corpus Christi Public Library Foundation, Inc. into the Library Capital Improvement Program Fund No. 3210 for improvements to the Children's Area of the Central Library; amending Capital Budget adopted by Ordinance No. 025144 by increasing appropriations by $15,000. (Attachment # 12) Motion authorizing the City Manager or his designee to accept a grant in the amount of $78,231 from the State of Texas, Texas Alcoholic Beverage Commission for funding of overtime to enforce the underage drinking laws and to prevent youth access to and illegal use of alcohol. (Attachment # 13) Ordinance appropriating $78,231 from the State of Texas, Office of the Governor, Cdminal Justice Division, in the No. 1050 Federal/State Grants Fund for funding of overtime to enforce the underage ddnking laws and to prevent youth access to and illegal use of alcohol; and appropriating $27,000 in the State Law Enforcement Reserve in the No. 1050 Federal/State Grants Fund for a grant match. (Attachment # 13) Motion authorizing the City Manager or his designee to accept grant funding in the amount of $79,990 from the Texas Department of Transportation for the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. (Attachment # 14) Ordinance appropriating $79,990 from the Texas Department of Transportation for funding of the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) within the Police Department in the No. 1050 Federal/State Grants Fund. (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 20,2003 Page 6 15. Ordinance consenting to the sale of .54 acre out of Lot 23, Section 49, Flour Bluff and Encinal Farm and Garden Tracts to Flour Bluff Independent School Distdct for $4,720, authorizing the Nueces County Judge to execute a resale deed. (Attachment # 15) 16. Ordinance appropriating $7,500 from the Chamber of Commerce Foundation in the No. 1050 Federal/State Grants Fund for the funding of data collection and analysis activities at the Juvenile Assessment Center. (Attachment# 16) K. PUBLIC HEARINGS: ZONING TEXT AMENDMENT: 17.a. Public hearing to consider a recommendation concerning the amendment of the Zoning Ordinance of the City of Corpus Christi by revising Article 13, "B-2A" Barrier Island Business District. (Attachment # 17) 17.b. First Reading Ordinance - Amending the Zoning Ordinance by revising Article 13, "B~2A' Barrier Island Business District. (Attachment # 17) PRESENTATIONS: Public comment will not be solicited on Presentation items. 18. Community Youth Development Program (78415) Update (Related to Action Item No. 20) (Attachment # 18) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 19, Motion directing staff to prepare amendments to Chapter 48, Code of Ordinances relating to Sexually Oriented Businesses. (Attachment # 19) (This item will be discussed at approximately 3:00 p,m,) 20. Resolution authorizing the City Manager or his designee to submit an application to serve as the Fiscal Agent for the Texas Department of Protective and Regulatory Services' FY2003-2004 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Me~ing May 20,2003 Page 7 Community Youth Development Program in the amount of $500,000 (Related Presentation Item #18) (Attachment # 20) 21. Resolution supporting the request of Admiral Linen Services, Inc. to the Corpus Christi Business and Job Development Corporation for business incentives of approximately $400,000 to improve water and sewer mains to provide service to Admiral Linen Service, Inc. at 4353 Baldwin, subject to negotiation and execution of contract documents. (Attachment # 21) 22. First Reading Ordinance - Amending Sections 23-70 and 23-71 of the Code of Ordinances relating to notice and obtaining liens for City expenses to remedy violations; providing for an effective date. (Attachment # 22) 23.a. Resolution adopting the FY2003 Annual Action Plan which includes the CDBG, ESG, and HOME Programs; authorizing the City Manager or his designee to submit the FY2003 Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the FY2003 Annual Action Plan if required by the U.S. Department of Housing and Urban Development. (Attachment # 23) 23.b. Resolution adopting the City of Corpus Christi's Five-Year FY2003-2007 Consolidated Plan; authorizing the City Manager or his designee to submit the Five-Year FY2003-2007 Consolidated Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the Five-Year FY2003-2007 Consolidated Plan if required by the U.S. Department of Housing and Urban Development. (Attachment # 23) 24. Ordinance appropriating $21,975 from the Unrestricted Park Trust in the Community Enrichment Fund No. 4720 to pay for the construction of a pedestrian access at the end of Airheart Point; amending FY2002-2003 Operating Budget adopted by Ordinance No. 024974 to increase appropriations by $21,975. (Attachment # 24) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 20, 2003 Page 8 25. Resolution authorizing the Mayor or his designee to execute an Intedocal Cooperation Agreement with Nueces County relating to the approval of plats within the extraterritorial jurisdiction of the City of Corpus Chdsti. (Attachment # 25) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 iP.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition of other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habra un int~rprete ingl~s-espaffol en la reunkSn de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; requested by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 26. CITY MANAGER'S REPORT * Upcoming Items 27. MAYOR'S UPDATE CITY COUNCIL PRIORITY ISSUES (Refer to legend at file end of the agenda summary) 28. COUNCIL AND OTHER REPORTS Agenda Regular Council Meeting May 20, 2003 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ,.~; ~) ~ p.m., May 16 , 2003. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www. cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES Airport / Seawall / Convention C, emer / Arena · Continue quarterly reporting process for these initiatives. '86 Boo~l,!s~ue Improvements Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community'). · Continue community involvement on issues such as Leopard Street improvements. P, r~rva~flOB / R~-En~ineerln~ · Clearly define "privatization" and "re-engineering." · Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identify what services can and cannot be privatized. · Continue focus on park maintenance. Fln#nge · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Control and Prevention · Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevemion District election. · Continue City participation in Youth Opportunities United and other youth crime initiatives. Employee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Economic Development Sales Tax · Establish election date. Storm Water Utili~ · Reconsider implementation plan for a Storm Water Utility. Pa¢~tery Cha,~¢l · Continue quarterly repolts on the progress of the TIF and Beach Restoration Project. L~ndf'dl · Continue to evaluate the effieieacy and effectiveness of operations. · Examine alternatives for solid waste management system, including privatization. ll~ternct · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brush pickup via e-mall. · Continue active role. Fros~ B~nk Buildin~ · Lease and complete renovation Annexation Plan · Implement current island annexation plan · Develop and approve ADA Transition Plan within 90 days. Redtstrietin~ · Develop Council-approved redistricting plan for the City of Corpus Christi Indugtrial District Contract · Review Industrial District contracts and determine date for approval Co~acil AcOon~ Items · Staff completes action requests in a timely manner. C;ty / County Health Issues · Continue discussions with County to determine stmctare and process for the most effective and efficient delivery of bealth services Marketing of CC Mus~#n~ and Columbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/offramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following priorlty Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods *Employee Classification Study Ma ster Drainage Plan Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) **Road Projects Southside Traffic Plan 1 MINUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND THE REGIONAL TRANSPORTATION AUTHORITY BOARD OF DIRECTORS May 13, 2003 - 12:15 p.m. CITY COUNCIL Mayor Loyd Neal Mayor Pro Tem Henry Gan'eR Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott RTA BOARD MEMBERS Mike Rendon, Chairman Vicki Garza, Vice-Chairman Mack Rodriguez Julio Garcia John Buckley Abel Alonzo Rolando Barrera City Staff George K. Noe, City Manager Armando Chapa, City Secretary Jay Reining, Acting City Attorney Rebecca Huerta, Recording Secretary Mayor Neal called the meeting to order in the Sixth Floor Conference Room of City Hall. City Secretary Chapa and RTA Board Chairman Mike Rendon verified that the necessary quorum of the Council and the RTA Board of Directors were present to conduct the meeting. Chairman Rendon thanked the Council for meeting with them and introduced the board of directors who were present. He invited the Council to attend a ribbon-cutting ceremony at the Port/Ayers Station in August and noted that the new Southside Transfer Station will be completed shortly. Chairman Rendon then introduced Ms. Linda Watson, General Manager of the Regional Transportation Authority (RTA) to provide a report on the RTA's accomplishments to date. Ms. Watson reported that the RTA has entered into many partnerships to accomplish several capital improvement projects. She said that the Leopard Street improvements project, for example, was a joint project with the city in which the RTA would provide curb cuts and reinforced bus pads. Other capital project accomplishments include the new Harbor Ferry Peoples Street stop, the Robstown Main Street improvements, the Six Points and Staples Stations repairs and the new RTA Bear Lane Operations building. She also said that 70% of the RTA fleet is EPA certified and 20 new buses are on order. Ms. Watson said that the RTA is providing new and outreach services to Texas A&M-Corpus Christi and Del Mar College. Finally, she said that the "ADA Bus Stops Here" program, which was nationally recognized, was another accomplishment of note. Ms. Watson reviewed the RTA's expenses and revenues. Regarding expenses, Ms. Watson said that the bulk of the budget goes toward providing services, including 39% for operations and maintenance and 23% for purchasing transportation (B-line). Regarding revenues, Ms. Watson emphasized that the majority of the revenues (91%) for the RTA are acquired from sales tax receipts. Minutes - Joint Meeting with RTA May 13, 2003 - Page 2 Ms. Watson provided a comparison of expenses to sales tax receipts, and noted that for the first time, expenditures have exceeded sales tax receipts. To respond to this situation, Ms. Watson said that the RTA is in the process of"reinventing transit". She listed several reasons for the shortfall, including the dramatic increase in the cost of fuel, increases in shelter maintenance costs, and health insurance cost increases. Ms. Watson discussed the reinveming transit initiative in more detail. The purpose of the initiative was to improve efficiency and reduce costs, improve the quality of service, increase ridership and improve the RTA's image. Ms. Watson also highlig~ed the successful bus stop program, a joint city/RTA project venture. She reported that the RTA contributes $50,000 a year for bus stops. The funds go towards providing bus pads, bus shelter pads, turnouts, ADA curb cuts, sidewalks, right turn lanes and new traffic signals. Ms. Watson commented that the partnership was successful because it reduces the RTA project cost. It also benefits the community as a whole because it keeps traffic flowing and reduces congestion. Ms. Watson said that the RTA has received many positive comments about the bus turn-out that was recently constructed near Carroll High School. Council Member Scott asked for the total cost of the bus turn-out. Ms. Watson responded that the approximate cost was $25,000, including the bus pad, bus turn-in, bench/shelter pad and sidewalk and ADA improvements. Ms. Watson spoke about future joint project opportunities. She said the RTA was interested in partnering with other entities for a joint bulk diesel fuel purchase. She said ifCCISD and the city, for example, were to combine their fuel purchases, the cost would be much lower. Finally, Ms. Watson said that the RTA would be interested in adding RTA bus stop projects to the city's CIP budget inclusive of funding. She observed that the citizens were the main beneficiaries of bus stop projects like the bus turn-outs, not the RTA. Ms. Watson also provided a status report on the Downtown Transportation Study. She said that Phase 1 of the project is complete. The results of a study indicated that the respondents preferred a vintage streetcar as the vehicle for transportation. She reviewed the vision for transportation services downtown as determined by the study. The main items that came out in the study were that people wanted a link to the major attractions in a fun manner, provide multiple transportation options, minimize off-street parking, provide frequent service, serve residents and visitors and provide services that people will use. Phase 2 of the study will examine short-term transportation needs and regional connection. She identified several critical issues for the downtown area that must be addressed if the transportation plan is to be successful. Specifically, she said that parking control and supply, dedicated transit right-of-way, event ticket surcharges and the possible realignment of Shoreline Boulevard would have a great impact on the success of the system. In conclusion, Ms. Watson provided a list of community and business supported activities, saying that the RTA has given $65,000 in flee services. In answer to Council Member Scott's question, Ms. Watson said that the Harbor Ferry is a seasonal operation running from Memorial Day weekend through Labor Day Weekend. She said that a new Port stop under the Harbor Bridge has been added this year. Mr. Chesney remarked that Minutes - Joint Meeting with RTA May 13, 2003 - Page 3 he has heard citizens complain about seeing empty buses. Ms. Watson replied that only 24% of the fleet is composed of large buses and that stafftries to schedule the buses as well as possible. Mr. Scott asked how soon the trolley system could be implemented. Ms. Watson replied that late 2005 would be the soonest time. Mr. Abel Alonzo, RTA board member, commented that the buses are not always empty; rather, they are at full capacity during peak travel times. He encouraged the city to offer employee incentives to ride the bus to work. There being no further business, Mayor Neal adjourned thej oint meeting at 1:02 p.m on May 13, 2003. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 13, 2003 - 1:15 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff.' City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend John Blacklock of Jackson Woods Presbyterian Church and the Pledge of Allegiance to the United States flag was led by Council Member Rex Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of April 29, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2 and the following board appointments were made: Animal Control Advisory Committee Susan Thiem (reappointed) Sharon Massad (appointed) Building Standards Board William McGuire (reappointed) Sue Corey (appointed) Civil Service Board/Commission Erich Wendl (reappointed) Museum of Science & History Angie Flores (appointed) Planning Commission Shirley Mims (reappointed) Transportation Advisory Committee Don Davenport (reappointed) Raul Torres (appointed) David Seiler (appointed) Mayor Neal called for consideration of the consent agenda (Items 3-23). City Secretary Chapa announced that Council Mereber Kelly would abstain from discussion and vote on Item 9 and Council Member Noyola would abstain from discussion and vote on Items 18, 19 and 21. Mr. Joe Dees requested that Item 3 be withdrawn for discussion. There were no comments from the Council. Minutes - Regular Council Meeting May 13, 2003 - Page 2 A motion was made and passed to approve Items 4 through 23, constituting the consent agenda, except for Item 3, which was withdrawn for individual consideration. City Secretary Chapa polled the Council for their votes and the following items passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ~OTE: An emergency was declared for items 15b, 16b, 17a, and 18; Kelly abstained on Item 9; Noyola abstained on Items 18, 19, and21) 4.a. MOTION NO. 2003-167 Motion to rescind the award to Material Handling Services of Corpus Christi, Texas in the amount of $287,500.55 and all action regarding previous bids received under Bid Invitation No. BI-0002-03, by repealing Motion No. M2002-410. 4.b. MOTION NO. 2003-168 Motion approving supply agreements with the following companies for the following amounts, for improved right-of-way strip mowing, based on low bid in accordance with Bid Invitation No. BI-0002-03 for a total estimated annual expenditure of $288,125.89, of which, $72,031.47 is for FY2002~2003. The term of the contract shall be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractors and the City Manager or his designee. Funds have been budgeted by the Storm Water Department. NNA Financial & Management Co., Inc. Austin, Texas Groups: 1 -4 & 6 $190,244.89 W.W. Services Victoria, Texas Group: 5A $53,424 J.Z. Lawn Service Co~us Christi~ Texas Group: 5B $44,457 Grand Total: 288,125.89 5. MOTION NO. 2003-169 Motion authorizing the City Manager or his designee to execute a construction contract with J.M. Davidson, Inc. of Corpus Christi, Texas in the amount of $278,666 for the Arcadia Lift Station Odor Control System. (BOND ISSUE 2000) 6. MOTION NO. 2003-170 Motion authorizing the City Manager or his designee to execute Change Order No. 1 with King-Isles, Inc. of Corpus Christi, Texas in the amount of $147,073 for the Intersection Approach Improvements at Waldron Road. Minutes - Regular Council Meeting May 13, 2003 - Page 3 10. 11. 12. 13. MOTION NO. 2003-171 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a contract with Freese & Nichols, Inc. of Austin, Texas in the amount of $131,200 for engineering services for Annual Inspection and Monitoring Program at Wesley Scale Dam. MOTION NO. 2003-172 Motion authorizing the City Manager or his designee to execute Change Order No. 8 with Laughlin-Thyssen of Houston, Texas in the amount of $468,729 for the Blucher Arroyo Storm Water Drainage Structure Project. MOTION NO. 2003-173 Motion authorizing the City Manager or his designee to execute Change Order No. 1 for the Multi-Purpose Arena with Fulton Coastcon, Joint Venture of Corpus Christi, Texas in the amount of $572,309 for changes in the structural, acoustical deck, glazing, electrical and other systems. MOTION NO. 2003-174 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to an engineering services agreement with Goldston Engineering, Inc. of Corpus Christi, Texas in the amount of $55,000 for project management services for the Bond Issue 2000 Street Improvement Projects. (BOND ISSUE 2000) RESOLUTION NO. 025282 Resolution authorizing the City Manager or his designee to execute a contractual agreement for Right-of-Way Procurement - Local Government with the State of Texas, Texas Department of Transportation for reimbursement of the cost for water line adjustment in conjunction with the State Highway Clarkwood Relief Route. RESOLUTION NO. 025253 Resolution recognizing the public necessity of acquiring waterline, surface site and construction easements for the Rincon Bayou Diversion Pipeline, Project No. 8416 for a water pipeline and pumping station in connection with the project and other municipal purposes; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring the necessary easements. RESOLUTION NO. 025284 Resolution authorizing the City of Corpus Christi to perform equivalent-match project (Laguna Shores Road Improvements Project No. 6158) in return for waiver of the local match fund participation requirement on the approved Federal Off-System Bridge Program (Participation-Waived) projects not yet awarded as Shown on Attachment 1. Minutes - Regular Council Meeting May 13, 2003 - Page 4 14. MOTION NO. 2003-175 Motion appointing Melody Cooper to serve as a member of the Board of the North Padre Island Development Corporation (NPID) to a term ending December 31, 2003. 15.a. MOTION NO. 2003-176 Motion authorizing the City Manager or his designee to accept the Summer Food Service Program Grant fi-om the Texas Department of Human Services to provide summer lunches and snacks to citizens ages one to eighteen at summer youth recreation programs throughout the community. 15.b. ORDINANCE NO. 02528~ Ordinance appropriating a grant in the amount of $416,840 in the No. 1050 Federal/State Grants Fund fi-om the Texas Department of Human Services to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. 15.c. RESOLUTION NO. 025286 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for Summer Recreation Programs. 15.d. RESOLUTION NO. 025287 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide transportation services for Youth Recreation Programs. 16.a. RESOLUTION NO. 025288 Resolution authorizing the City Manager or his designee to accept an $10,000 grant from the Texas Department of Public Safety Division of Emergency Management in the amount of $10,000, under the FY2003 Facilities and Equipment Grant, for the purchase of audio, visual and communication equipment for the Emergency Operations Center, with a City in-kind match of $10,000 and a total project costs of $20,000. 16.b. ORDINANCE NO. 025289 Ordinance appropriating $10,000 from the Texas Division of Emergency Management in the Federal/State Grant Fund No. 1050 for the purchase of audio, visual and communications equipment for the Emergency Operations Center. Minutes - Regular Council Meeting May 13, 2003 - Page 5 17.a. ORDINANCE NO. 025290 Ordinance appropriating $37,807 from the interest earnings in the Unreserved Fund Balance of Fund No. 3170, Computer System Fund to pay the arbitrage rebate to the Internal Revenue Service; amending the FY2002-2003 Capital Budget adopted by Ordinance No. 025144 to add $37,807 to Fund No. 3170, Computer System Fund. 17.b. MOTIONNO. 2003-177 Motion authorizing the City Manager or his designee to pay $37,807 of excess arbitrage interest earnings to the U.S. Treasury for the Combination Tax & Revenue Certificates of Obligation, Bond Series 1998, as required by the U.S. Treasury at each five-year anniversary date. 18. ORDINANCE NO. 025291 Ordinance appropriating $688,472 in Airport Operating Fund 4610; transferring $688,472 into the Airport Capital Reserve Fund 4611 for Airport Capital Projects and Capital Expenditures; Amending FY 2002-2003 Operating Budget adopted by Ordinance No. 024974 to increase appropriations by $688,472. 19. ORDINANCE NO. 025292 Ordinance authorizing the City Manager or his designee to execute Lease No. DTFA07-04- L00560 with the United States of America, Department of Transportation, Federal Aviation Administration for the use of land sites at the Corpus Christi International Airport in consideration of the obligations assumed by the govemment in its establishment, operation and maintenance of runway lights and other equipment upon the leased premises for a term of one year. 20. FIRST READING ORDINANCE 21. Authorizing the City Manager or his designee to execute a ten-year lease with Padre Little League, Inc., a non-profit corporation, for the use of Bill Witt Park and in consideration of Padre Little League, Inc. maintaining the premises and improvements. ORDINANCE NO. 02529) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a long-term lease agreement with Smarte Carte, Inc. for the operation of a self service baggage cart rental concession at the Corpus Christi International Airport in consideration of payment of ten percent of the concessionaire's gross monthly revenues for a term of sixty months. (First Reading - 4/08/03) Minutes - Regular Council Meeting May 13, 2003 - Page 6 22.a. ORDINANCE NO. 025294 Second Reading Ordinance - Authorizing the City Manager or his designee to execute a three-year lease with the Irish Cultural House, Inc., a non-profit corporation, for the use of the McCampbell House located in Heritage Park and in consideration of the Irish Cultural House, Inc. maintaining the premises and improvements. (First Reading - 4/15/03) 22.b. ORDINANCE NO. 025295 Second Reading Ordinance - Authorizing the City Manager or his designee to execute a three-year lease with the II. Boyd Hall Branch of the NAACP, a non-profit corporation, for the use of the Littles-Martin House located in Heritage Park and in consideration of ri. Boyd Hall Branch of the NAACP maintaining the premises and improvements. (First Reading - 4/15/03) 23. ORDINANCE NO. 025296 Second Reading Ordinance - Amending Code of Ordinances Section 53-254, Schedule V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on the following street section: (First Reading - 4/29/03) On Callicoatte Road, (F.M. 1694): revising the existing speed limits to the following: 45 mph from IH37 Northbound Frontage Road south 1.391 miles (7,344.48') to the city limit line; and providing the penalties. Mayor Neal opened the discussion on Item 3 regarding a supply agreement with Sanfords Wrecker Service. Mr. Joe Dees asked that the Council consider tabling this item for further review and possible re-bid. He commented that he thought the bid process was not straightforward, saying that the bids had been postponed several times. He also stated that it was in the city's best interest to have one vendor providing all their equipment. Mr. Mike Barrera, Director of Materials Management, responded that there were several amendments to the bid invitations because of changes to rotation and insurance requirements for wrecker services. He said that at one time, the city did have one vendor to provide all equipment, but staff found that they were not receiving many competitive bids. For this reason, he said the bids were split into different categories to increase the number of bids. He stated there was a $26,000 difference between Mr. Dee's "all or none" bid and the bids received for category 1 and 2 type vehicles. Council Member Garrett asked if Sanfords Wrecker Service and Amey's Wrecker Service had the same owners. Mr. Barrera answered affirmatively. Council Member Colmenero asked if this was an instance where the companies were underbidding because of the disparities between the bids. Mr. Jim Davis, Director of General Services, said that the wrecker service is paid on a unit price consisting of the number of units hauled, which is set in the contract. Therefore, he said that it was impossible to "buy the conlract" because the wrecker service would have to honor the unit price or default on the contract. Minutes - Regular Council Meeting May 13, 2003 - Page 8 Dan Whitworth, Director of the Park and Recreation Department, reported that for a number of years, the Golf Fund has collected a surcharge to be used to construct a new golf course and/or make capital improvements to the existing courses. He said that at the end of this fiscal year, without changes in the current fee structure, staffwould have to use funds from the surcharge reserve to make the budget balance. Mr. Whitworth stated that staff felt that postponing the implementation of the NGF improvement plan would not be advisable. Thus, staffreviewed the fee structure and operating costs to find ways to increase the fee stxucture to maintain the surcharge reserve as well as make improvements to the courses. One of the most important upgrades is that the plan calls for the complete replacement of the golf cart fleet at both Oso and Gabe Lozano golf courses, approximately 140 carts. With the fee increase, the city would begin with a deficit in FY 03, but the deficit would be made up through the revenues generated in FY 04. Mr. Whitworth estimated that the increase will generate $2.326 million. In response to Mr. Scott's question, Mr. Whitworth said that the implementation plan does account for a 6% decline in rounds at the courses along with the fee increase. Mr. Scott asked ifstaffthought that prior fee increases were responsible for the decline in play. Mr. Whitworth responded that play has declined over the last two years, but this trend mirrors national and state trends. Mr. Noe added that the fee increase will result in improvements to the courses and replacement of the golf cart fleet. Mr. Whitworth presented a proposed fee increase plan which will allow for the surcharge funds to be used to begin implementing the Master Plan during FY 02-03. However, Mr. Whitworth said that the surcharge funds were insufficient to finance the entire plan. He stressed that some plan elements will have to be included in future bond programs. Mr. Kinnison asked if staffhad looked into financing the improvements exclusively through surcharge fees. Mr. Noe responded that the surcharge fees would only generate approximately $120,000 per year, which would only finance $1 - $2 million in improvements over 20 years. Mr. Noe added that the plan was to upgrade the existing courses with the surcharge increase and fund for the expansions with future bond programs. Mr. Kirmison stated that if rotmds were increased by 10%, then costs would remain the same but the increase would generate $200,000 plus additional revenue. Mr. Whitworth responded that increasing the fees was a priority, but there were credibility issues that the city would have to meet in terms of golfers expectations before the fees could be raised. Mr. Noyola expressed his concern that the fee increases would turn golfers away. Mr. Whitworth said that staff's goal is to establish an improvement schedule that will reinforce that the funds are going towards improvements to the course. The hope is that the improvements will stem the loss of rounds and eventually improve the situation as the economy improves. Mr. Noe added that increases in the number of rounds in Corpus Christi would buck national and state trends. Mr. Kelly asked Mr. Whitworth if the Municipal Greens Committee and the Park and Recreation Advisory Committee endorsed the entire implementation plan or if they had voted group by group. Mr. Whitworth replied that the committees endorsed the fee increase schedule that would be required to implement the plan, surcharge improvements to begin immediately and then the balance of the improvements to be financed through a bond issue. Mr. Kelly said that he had understood that the golf fund surcharge was to go solely towards constructing a third golf course, not towards improvements on the other courses. Mr. Whitworth said that staff's research indicates that the surcharge was for a third golf course and/or improvements on the other courses. Mr. Kelly Minutes - Regular Council Meeting May 13, 2003 - Page 7 Mr. Chapa polled the Council for their votes and the following motion passed with the following vote: Neal, Chesney, Colmenero, Cooper, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Garrett voting "No". 3. MOTION NO. 2003-166 Motion approving a supply agreement with Sanfords Wrecker Service of Corpus Christi, Texas for wrecker servic0 for category 1 and 2 type vehicles in accordance with Bid Invitation No. BI-0003-03 based on low bid for an estimated annual expenditure of $40,825 of which $10,206.24 is for FY2002-2003. The term of the contract will be for twelve months with an option to oxtend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY2002-2003. Mayor Neal referred to the presentations on the day's agenda. The first presentation was regarding the Velocity Games to be held in Cole Park from May 21-26, 2003. Mr. Michael Reyes with Idea! Worldwide, said that the Velocity Games have been in existence for 16 years and that it is formally know as the U.S. Open Windsurfing Regatta. He stated that the event had received a major sponsorship and was expanding to become a signature event for the city. Mr. Reyes said that the event was the vision of the late Peter Nordby, who will be honored by proclamation on May 25, 2003. The featured events will include windsurfing, kiteboarding, and a BMX superskate. Mr. Reyes reported his group will be donating the BIvLX ramp that was built exclusively for the games to the city for their use. He also reported that over 200 participants from over 30 countries will be competing in the games. Mr. Reyes estimated that approximately 5,000 to 7,500 people would be in attendance. Finally, he discussed the publicity campaign and sponsorships for the event. City Manager Noe recognized Mr. Dan Whitworth and the Park and Recreation Department for their assistance with the Velocity Games. The second presentation was a Local Emergency Planning Committee (LEPC) Program update. Fire ChiefJ. J. Adame spoke about the four milestones the committee has reached over the last year. He said that the committee is in its tenth year of an interlocal agreement with the county and the Port of Corpus Christi to operate and maintain the LEPC. The county and Port each provide a $10,000 annual contribution and the city provides in-kind support for the organization. He said that the City/County LEPC is a nationally recognized organization, having won numerous awards. ChiefAdame identified the following four milestones: a tabletop drill on March 25 to test the unified command procedures and the various tools available; development of teaching kits geared for the fifth-grade level; a grant for $12,000 received as part of the Spring Campaign to fund brochures and infomereials; and the new and improved LEPC website, with a down loadable Teacher's Guide and information on Shelter in Place. ChiefAdame thanked the Council and the City of Corpus Christi for their support and participation in this project. Mayor Neal commented that this program was a great example of intergovernmental cooperation. The final presentation was regarding the implementation of the National Golf Foundation Master Plan. Mr. Noe commented that the implementation plan being presented today was endorsed by both the Municipal Greens Committee and the Park and Recreation Advisory Committee. Mr. Minutes - Regular Council Meeting May 13, 2003 - Page 9 asked if additional operation and maintenance fees were included in the plan to account for adding 27 new holes to the existing courses. Mr. Whitworth replied that the additional holes would not be in place in FY 2004 but said that additional costs would be incurred once they were added. Mr. Kelly replied that staff's numbers might then be considered optimistic. Mr. Whitworth said that he did not consider them to be optimistic for FY 2004, but that staffwould have additional work in future years. Mr. Kelly observed that the bulk of the proposed bond costs, $4.8 million out of the $7.4 million, were allocated for the additional holes. He said that he thought improvements in Groups 1, 2 and 4 would create a better opportunity to improve the number of rounds because they would focus on improvements to e~xisting courses. He asked if funding improvements in Groups 1, 2, and 4 would be feasible solely with expected revenues from the course. Mr. Whitworth replied affirmatively, assuming an increase in rounds. Mr. Scott asked why Corpus Christi could not support more golf courses like other cities. Mr. Whitworth replied that San Antonio is having similar budgetary problems, even considering shutting down one of their municipal courses next year because of&creasing revenues. Mr. Noe added that San Antonio has six courses, two of which are considered championship level courses and charge more than others. Mr. Scott asked staff to maimain a dialogue with the neighborhood as they move forward with the additional nine holes at the Oso Golf Course. Mr. Whitworth responded that staff has already contacted the president of the neighborhood association and intends to maintain a dialogue with them. Mr. Noe commented that staff would also be pursuing grant opportunities for the proposed beginner's course, such as First Tee and the Tiger Woods Foundation. Mayor Neal deviated from the agenda and opened discussion on Item 28 on the regular agenda regarding the Corpus Christi Business and Job Development Corporation (CCBJDC) policies and budget. Mr. Mark McDaniel, Director of Management and Budget, said that this was a two part item. Part A covers the policy that addresses Proposition 2 and Part B is the CCBJDC proposed budget for the remained of FY 03 and FY 04. To develop the policy, Mr. McDaniel said that staff looked at several sources for information, including the city's current tax abatement policy, a survey of other 4A boards in the state, and dialogue with local business organizations in the area. Mr. McDaniel highlighted several aspects of the policy, including the focus on attracting only primary employers and a special set of incentives for small businesses. Mr. Scott asked if the employer had to locate inside the city. Mr. McDaniel answered affirmatively, if there was a capital investment involved. If the incentive was offered for job training, then 51% of the employees would have to be residents of the city. He asked if the living wage requirement was applicable to small businesses. Mr. McDaniel said that the board would look at this on a case-by-case basis. Mr. Noe commented that the adopted ordinance limited the job creation to Corpus Christi. Mr. McDaniel reviewed the budget portion of this item. Mr. Scott asked if the board would be spending monies toward affordable housing this fiscal year. Mr. McDaniel said that the board was currently studying the affordable housing issue. He anticipates that within the next two months, the board will have a policy in place. There was no public comment. Mr. Chapa polled the council Minutes - Regular Council Meetimg May 13, 2003 - Page 10 for their votes and the following resolution passed with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 28.a. RESOLUTION NO. 0252[98 Resolution approving the City of Corpus Christi, Texas, Business and Job Development Corporation's Guidelines and Criteria for granting business incentives. 28.b. RESOLUTION NO. 0252~9 Resolution approving the City of Corpus Christi, Texas, Business and Job Development Corporation's Budgets for lhe remainder of Fiscal Year 2002-3003 and for Fiscal Year 2003- 2004. Mayor Neal opened discussion on Item 29 regarding the appointment of council members to several council corporations. There was no public comment or Council comment. City Secretary Chapa polled the council for their votes, and the following motion passed with the following vote: Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was absent. 29. MOTION NO. 2003-178 Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. ~ecess Regular Council meeting ~r City Corporation Meetings) 31. 32. 33. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: Executive session under Texas Government Code Section 551.071 regarding Esmeralda Cantu Gavlik vs. Albert Garcia and the City of Corpus Christi, Cause No. 02-61406-2, County Court at Law No. 2, Nueces County, Texas, with possible discussion and action in open session. Executive session under Texas Government Code Section 551.071 regarding City of San Benito v. PG&E Gas Transmission, Texas Corporation et al No. 96-12-7404-A, 1 OTb District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi; and similar claims of the City of Corpus Christi against other similar entities, with possible discussion and action in open session. Minutes - Regular Council Meeting May 13, 2003 - Page 11 34. Executive session under Texas Government Code Section 551.071 regarding an application to the Texas Commission on Environmental Quality for a bed and banks permit, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session and Mayor Neal opened discussion on Item 27 regarding the Texas Commission on Environmental Quality. There was no public comment or council comment. City Secretary Chapa polled the Council for their votes and the following resolution passed with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. 27. RESOLUTION NO. 025297 Resolution requesting the Texas Commission on Environmental Quality to uphold its historic practices on the retum of water to a watercourse or stream. Mayor Neal read the following motions, which were passed with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. 31. MOTION NO. 2003-179 Motion authorizing the City Manager to approve the settlement ofEsmeralda Cantu Gavlik vs. Albert Garcia and the City of Corpus Christi, Cause No. 02-61406-2; In the County Court at Law No. 2, Nueces County, Texas, subject to availability and certification of funds. 34. MOTION NO. 2003-180 Motion authorizing the City Manager to approve a Legal Services Agreement with Timothy L. Brown to represent the City before the Texas Commission on Environmental Quality on various water permitting applications and to provide legal advice on water rights and permitting issues at an hourly rate of $175, subject to availability of funds. Mayor Neal called for the City Manager's report. Mr. Noe reported on the continuing series of sinkhole problems related to the city's storm drainage system, specifically on Ocean Drive and near Santa Fe and Louisiana Parkway. He said that fortunately, most of the issues were unrelated to the base structures themselves and were repairable. Mr. Noe said that he had asked Angel Escobar, City Engineer, to work on a contract with a local firm to assess the condition of the facilities throughout the community to identify problem areas proactively. Mr. Escobar displayed photos of the problem areas. He reported that there were eight major boxes in the city and said he would work with a local firm, probably Shiner Moseley, to inspect them to see if there is any serious structural damage. Mayor Neal called for Council concerns and reports. Ms. Cooper asked if the series of Minutes - Regular Council Meeting May 13, 2003 - Page 12 sinkholes were merely a coincidence. Mr. Escobar answered affirmatively. Mr. Scott asked if it was unusual that the sinkholes were occurring in dry weather. Mr. Escobar agreed that it was unusual. Mr. Colmenero asked that the photos Mr. Escobar was displaying be placed on the city's website to illustrate the need for storm water improvements. He also asked that the late Mr. Peter Nordby, patron of the Velocity Games, be recognized by the city for his efforts. He asked staffto look into plans for the BMX ramp that was going to be donated to the city. He asked staffto provide a list of the contractors and engineers currently working on projects. Finally, he asked for a status report on the grant for the boardwalk, possibly as a presentation item. Mr. Kelly asked if the sexually oriented business ordinance was going to be discussed on May 20. Mr. Noe confirmed that it was. Mr. Scott also asked that the city recognize the late Mr. Peter Nordby. In response to Mr. Scott's question, Mr. Noe said that the PCA for Packery Channel was to be signed today in Washington, D.C. Mr. Scott asked staff to discuss ways to minimize trash at Packery Park with the county. Finally, Mr. Scott asked staff for an update on the status of the state's redistricting bill. Mr. Garrett asked if the city was working closely with CCISD to establish summer activities for area youth. Mr. Noe and Mr. Whitworth said that summer programs were going to be in place. Mr. Garrett asked about the status of the traffic engineer job vacancy. Mr. Noe said that this position is difficult to recruit for but the search is ongoing. Mr. Noyola asked why he was not notified about a meeting held at Cunningham Middle School on Thursday or Friday of last week. Mr. Noe said that the meeting was regarding the pilot program for the new Neighborhood Initiatives Program. Mr. Noyola replied that he should have been notified because he was receiving calls from constituents about his absence. He asked for a list of concerns. Mr. Noe said he would ensure that Mr. Noyola received a notice next time. Mr. Noyola requested a status report on odor problems with a ditch near Corona. Mr. Massey said that there was a substance that was infiltrating the storm water system at that location. He emphasized that it was not raw sewage. He reported that the city's environmental quality specialists have been tracing lines to find the source. Mr. Massey said that staffwould endeavor to educate the public on the problem. Ms. Cooper commented that she attended the Parade of Homes opening recently and said that she was impressed with the number of homes being displayed. She said that the Mayor noted that a only a few years ago, it would have been unusual to see 27 new homes being displayed in this area. She said that it demonstrated that the economy was improving in Corpus Christi. She congratulated the builders for their efforts and the city for its progressiveness. Mr. Kinnison requested that, along with the legislative report, he would like a report on whether the current situation in the Texas House has jeopardized any pending bills of local interest. Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke against the use of utility funds for other uses not associated with that department. Mr. J.£. O'Brien, 4130 Pompano, spoke regarding a pending health insurance claim for a city employee. Mr. Abel Alonzo, 1701 Thames, thanked the Mayor and Council for the retreat held last week, saying it was very informative. Mayor Neal recessed the council meeting until 6:00 p.m. for the Community Development Minutes - Regular Council Meeting May 13, 2003 - Page 13 Block Grant public hearing. Mayor Neal reconvened the Council meeting at 6:00 p.m. and asked City Secretary Chapa to read agenda items 35a and 35b pertaining to the FY 2003 Consolidated Plan for the Community Development Block Grant (CDBG). 35.a. Public hearing regarding the City of Corpus Christi's proposed FY2003 Consolidated Plan/Annual Action Plan (CP/AAP) that is for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. 35.b. Council discussion and possible action on a tentative list of projects/activities to be funded. A motion was made, seconded and passed to open the public hearing. Mayor Neal prefaced the hearing by informing the audience on the process for conducting the hearing. He stated that he would present each project solicitiag funds in the numerical order provided by staff. He would then state the amount requested, the amount proposed by staff and the amount recommended by the Planning Commission. He said that the Council would be following the staff recommendation unless noted otherwise. Ifa council member chooses to make a suggestion to change the allocation as recommended, then that council member must say from which project they would like to take funds from to add to another project. He stated that he would ask for public comment on each item prior to being considered by the Council. Mayor Neal read each item and the amounts recommended and then asked for public comment. The following individuals spoke in support of item 18, regarding the Manshiem Area Drainage Improvement Phase 2 project: Mr. Danny Noyola; Ms. Priscilla Leal, 4738 Cheryl; Mr. Mike Cepeda, 4533 Townshend; Mr. Roland Garza, 2854 Alvin; and Mr. David Noyola, 909 Marie Circle. The following individuals spoke in support of item 30, regarding the Unified Development Code: Ms. Elizabeth Chu Richter; Ms. Brooke Sween-McGloin, 3301 San Antonio; and Ms. Connie Rivera. The following individuals spoke in support of item 33 for Accessible Communities, Inc.: Mr. Abel Alonzo, 1701 Thames; Mr. Dick Johnson, 3102 Napa; Ms. Karen Cornelius; and Mr. Jimmy Rodriguez, 4002 Up River Road. Mr. Dan Viola spoke in support of item 34 for the Boys and Girls Club of Corpus Christi. The following individuals spoke in support of item 40 for the Habitat for Humanity: Mr. Gary Little and Mr. Terry Off, 3725 Aransas. Mr. Jose Mascoro spoke in support of item 44 for the Lexington Manor Apartments. Mr. Bill Gregorcyk, 241 Amistad, spoke in support of item 45 for the Women's Shelter. For the ESG program funding, Ms. Ginger Fluelling-Leeds spoke in support of funding for item 3 for Corpus Christi Metro Ministries. There was no public comment on the HOME program items. A motion was made, seconded and passed to close the public hearing. Mayor Neal asked for Council comment on amendments to the proposed projects as he presented them in numerical order. Council Member Colmenero made a motion to add $55,795 to item 33 for Accessible Minutes - Regular Council Meeting May 13, 2003 - Page 14 Communities, Inc. and that the same amount be deducted from item 43 for the South Texas Informer Educational Foundation. The motion was seconded by Council Member Kinnison. Mayor Neal asked for public comment on the motion. An unidentified gentleman and Ms. Beverly Winters, director of the South Texas Informer Educational Foundation, spoke in support of maintaining the funding levels recommended by staff and the Planning Commission. City Secretary Chapa polled the Council for the vote and the motion passed by the following vote: Colmenero, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye"; Neal and Cooper, voting "No"; Chesney was absent. Council Member Kinnison made a motion to deduct $19,205 fi'om item 43 for the South Texas Informer Educational Foundation and to deduct $795 from item 7 for the Clearance of Vacant Properties, adding the said amounts to item 34 for the Boys and Girls Club. The motion was seconded by Council Member Colmenero. There was no public comment. City Secretary Chapa polled the Council for their votes, and the motion failed by the following vote: Colmenero, Kinnison, Noyola and Scott, voting "Aye"; Neal, Cooper, Garrett and Kelly, voting "No"; Chesney was absent. Council Member Scott made a motion to deduct $19,205 fi'om item 43 for the South Texas Informer Educational Foundation and add the same amount to item 34 for the Boys and Girls Club. The motion was seconded by Council Member Colmenero. There was no public comment. City Secretary Chapa polled the Council for their votes, and the motion passed by the following vote: Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal and Cooper, voting "No"; Chesney was absent. Council Member Noyola made a motion to deduct $35,000 from item 7 for the Clearance of Vacant Properties program and add the same amount to item 44 for the Lexington Manor Apartments. The motion was seconded by Council Member Kinnison. There was no public comment. City Secretary Chapa polled the Council for their votes, and the motion failed by the following vote: Colmenero, Kinnison, Noyola and Scott, voting "Aye"; Neal, Cooper, Garrett and Kelly, voting "No"; Chesney was absent. Council Member Kinnison made a motion to deduct $37,405 from item 7 for the Clearance of Vacant Properties program and add the same amount to item 45 for the Women's Shelter. The motion was seconded by Council Member Colmenero. There was no public comment. City Secretary Chapa polled the Counoil for their votes, and the motion passed by the following vote: Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal, Cooper and Kelly, voting "No". Mayor Neal then asked for approval of item 35b, the FY 2003 CDBG Consolidated Plan project list, as amended by the preceding motions (Note: see Attachment "D'for the amended project list, included as part of these minutes). The amended plan was approved by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kiunison, Noyola and Scott, voting "Aye". There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:40 p.m. on May 13, 2003. Revised 05-13-03 FY2003 CDBG Allocation Reprograrumed Funda CITY OF CORPUS CHRISTI FY2003 ANNUAL ACTION PLAN APPROVED FY2003 CDBG PROGRAM Prograru Income from Rehabilitation Program TOTAL FUNDS AVAILABLE FOR FY2003 CDBG PROGRAM ATTACHMENT"D' $4,219,000 $734,152 $700~000 $5~653~152 /mm Bualnese Resource Center * Current Project ~ndlng O $110,000 The City of Corpus Christi Business Resource Center is requesting funding for operational expenses including staff salaries and benefits foor 3 people and administrative costs. The mission of the BRC is to $110,000 3romota the growth of small businesses by provi({ing information and technical assistance on contracting 3pportunities, certifications, financing, bonding, irtsuranca, business planning, and marketing. ~DBG Program Adrolnlstratlon - Current Project funcllng O$455,600 ~,dministretive cost covers the staff salaries. The staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Inyestment Partnership (HOME), and the Emergency Shelter 3rent Programs. The staff interprets CDBG, HOME, and ESG federal regulations, conducts public $453,364 leerings/meetings, reviews proposed projects enid activities to determine funding eligibility, monitors 3ubrecipients, provides technical assistance, conducts environmental assessments of funding ~rojects/antivitise, and enforces Davis Bacon federal wage rate requirements. ~lty of Corpus Christi - Public Factiltle~ and Improvements - New Project l'hie project cost will cover design, engineering, consulting, and contingency of facility barrier $599,805 · emoval/improvemonts. See expanded worksheet ~learance of Vacant Propertlne Program - New Project l'he activity will entail the clearance of vacant preperties by the removal of weeds, rubbish, brush, junk accumulation, and other unsightly, objectionable or unsanitary matter. The properties will be bid out to $164,595 :ontractor to clear the properties. Liens will be placed against the properties to cover the costs incurred. Dode Enforcement Program - Current Project funding ~ $109,938 I'he salaries of four (4) code enforcement inspectors and 1/2 salary of a clerk will be funded in the amount of ~161,701.40. Funds in the amount of $125,408.58 will be used for program delivery costs. The inspectors are responsible for inspecting properties within the CDBG target area for violation of city cede and health $262,110 3rdinancee. Inspections are conduced on particular violations. The inspectors will also implement a ;omprehensive approach to coordination of multi.departmental teams of city san/ices and programs to address specific needs of each neighborhood. IComprehenelva Planning Assistance - Current Project funding ~ $75,000 rhe Comprehensive Planning work product for FY03-04 will be to create a comprehensive draft revision to .he Corpus Christi Palicy Statements. The Corpus Christi Policy Statements were adopted by City Council n 1987 and have not been comprehensively revised end updated for over 15 years. The revision and iapproval pn3ces8 will take two years and consolidate Area Development Plans and Citywide Future Land $75,000 Jse and Transportation elements into a single document. The first year of funding will allow staff to draft the revisions to the Corpus Christi Policy Statements, The second year of this two-year project will include the ~ublic headng, revision and oppreval process, ~orpu$ Christi Renewal Cola/Econ. Dev. - Current Project funding ~ $20,000 i'he request for $111,280 is to provide funding to the City of Corpus Christi to implement the Renewal .~ommunity Tax Incentive Utilization Plan and the Course of Action and to market avaiibbie forms of assistance that will spur and promote economic development in Corpus Christi. Additionally, due to the $20,000 ~3mplex nature of the Internal Revenue Code (IRC), contracting with professionals with expertise in IRC will 3e needed. 3emolltlon Grant Program - Current Project funding ~ $170,000 l'he removal of unsafe structures is a priority in neighborhood revitalization in the community. The Code Enforcement staff identifies structures that are unoccupied, open, and dilapidated. A total of $2,000.00 will $215,700 3e expended for the processing of the unsafe structure and a total of $213,700.00 will be expended in the 3card up and/or demofition of unsafe structures. Emergenoy Home Repair Grant Program - Current Project funding · $884,000 Funds are used to provide emergency repair grants up to $6,500 to homeowners who are 65 years or older, 9 very iow-income and/or persons with disabilities. The program is designed to only address hazardous $1,000,000 conditions related to roofing, heating, plumbing, electrical, and minor structural repairs. It is anticipated that 153 homeowners will be assisted. Gareie Arts Educ Center Area Street Improvement Phase I & 2 - Past Project funding O $265,000 This pro~ requests additional funds for ROW acquisition, demolition, relocation, and compensation to 10 the Neighborhood Childcare Center for dsmageq to existing structure. The additional ROW is necessary to $80,000 ~rovide for a straight alignment of Marguerite st. instead of a curvilinear alignment. Future tunds will be requested for street and drainage construction f(~r 11th, 17th and Marguerite St.. This street alignment ~ncreases parking for local residents and activities in the Arts Center & Neighborhood Childcare Center. H. P. Garcla Park - Past Project funding for G~arcla Park Plan ~ $65,000 Plan, design, and implement general site gradinQ, leveling for conditions to allow future use and proper drainage of area ($15,000). Plan, design, and inlstall a playground with curbing system to contain resilient 11 surfacing material ($78,750). Plan, design and ii stall a crushed shell roadway with concrete curbing. $80,000 Roadway aha~uld lead to playground area ($42,0~ 0). Plan, design, and install a 30' (round or square) open air pavilion ($35,000). Plan, design, and install a trail system with benches and picnic table systems covered table, BBQ pit and trash container) ins~lled on concrete pads along the trail ($19,850). Housing Rehabllltstlon end Reconstruction I.~an Program - Current Project funding ~ $1,200,000 The Housing Rehabilitation Loan Program provides leans to Iow income homeowners to repair and make 12 improvements to their houses. It is anticipated that 10-15 houses will be rehabilitated and 20-25 will be $1,133,000 reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with the reconstruction of their homes. Manehelm Area Drainage Impr. Phase 2 - Cuwent Project funding ~ $520,000 This proposal consists of design and construction of Phase 2. Phase 2 includes the continuation of a drainage culvert with cu~o, inlets, curb, and gutter replacement and pavement repair to be extended along 13 Gabriel strest (Sunnybrook to Mansheim) and el!ong Mansheim (Gabriel to approx. 150 ft wsst of Franklin). $50,000 The Proposed drainage cutvert alignment will require reconstruction of sidewalk, curb, gutter, and driveway in the immediate area of the construction of the underground culvert. Mortgage Servicing Project - Current Project funding O $55,889 Will pay for salary and expenses for one person to administer loans provided to iow income homeowners funded through the Rehabilitation Loan Program, The Portfolio consists of 870 active loans, plus new loans entered dudng fiscal year 2003-2004 and 117 deferred loans. The bilingual ssrvicas provided by our 14 administrator include collection of current and delinquent leans up to 120 days, payment disbursements of $38,845 property taxes and of annual insurance premiums from escrow accounts. Personal, on site, counseling is given o customers regarding payment alternatives and program rules. Operation and procedures are reviewed by the NR Collections Manager to assure internal control and compliance. Rehabllltstlon Admlntstratlon - Current Project funding O $602,600 Pays for staff salaries to provide support services to Iow and moderate income persons, such as loan 15 processing. Development of specifications and plans, inspections, housing counseling and other related $580,000 services associated with the various loan and grant programs. Southmoraland Addition Area Street Improvements Phase 3B - Past Project funding O $2,394,783 This proposal consists of design and construction of 28" B-B street pavement curb, gutter, sidewalk, 16 driveways and underground drainage for Phase 3B. Phase 3B of this project consists of: Lewis - Ciemmer $78,000 to Watson approx. 300 I.f., Naples Street - Richard to Watson approx. 750 I.f., Watson - ^yers to Naples approx. 1250 I.f. Sunnybrook/Evelyn/Golllber/Koatoryz Area St & Drainage Improvement Phase 2 - Past Project funding ~ $406,000 This proposal 17 ,'onsists of design and construction of 28' B-B street pavement curb, gutter, sidewalk, driveways and $37,000 Jnderground drainage for Phase 2. Phase 2 of this project consists of Helen Street (Golihar to Sunnybrook) 1250 I.f. end Theresa (Helen and Evelyn) 300 I.f. Unified Development Code - New Project An 18-24 month project to compreher,.sively update and unify the City's land development codes. CDBG funding is requested for 50% of the total project COSTS over a two-year period. This funding request is for 18 one(l) year, with plans to request the same amount for the 2004-2005 fiscal year. Local utility fund revenue ! $75,000 will provide 50% share of the overall project costs. A major goal of the UDC will be to implement affordable housing policies in the City's Comprehensive Pla~. Weed & Seed Program - Current Project funding 0 $50,000 The Weed and Seed Program is a comprehensive multi-agency approach to combating violent crime, drug 19 usa and gang activity in high crime neighborhoods. The goals are to 'weed' out crime from targeted $50,000 neighborhooda, while at the same time "seed' the target areas with a wide range of crime prevention programs and Human Sewioss to prevent crime l~rom reoccurring within the target areas. Clt~ Projects Total $5,102,419 k~eulble Communities, Inc. Construction of a new building, the Resource Center for Independent Living: for training, meeting, and office 20 and storage space for persons/families with (cross) disabilities; providing an accessible, comprehensive $120,795 source for cervices, supports, and learning opportunities, resulting in community inclusion. Capital Contribution $11,000 Boy'e & Qlrl'e Club of Corpue Christi 21 Project is for the installation of air conditioning in our gymnasium, which is used primarily by our westside $99,205 naighbo~nood youth. Corpus Christi Hope House, Inc. 22 Renovations to improve the living conditions for the residents at our shelters and expansion of the shelter's $58,000 m~oacity. Capital Contribution $29,000 GOD'S GYM -Air Conditioning New air 23 conditioning units. Replace old office unit and install four new units for gymnasium and classes. $40,000 Habitat for Humanity - Corpue Christi The 25 Habitat for Humanity Restore Building Project is seeking funds to eliminate conditions detrimental to public $80,328 health and safety. The building is in need of extensive roofing improvements to prevent the collapse of the rcof as well as structural damage to the electrical system of the facility. Nuenc,, County Community Action Agency To 26 weatherize homes OCCupied by families from Iow to very Iow incomes in target areas. Capital Contribution $80,000 $809,618 Women's Shelter of South Texas Rehabilitation and improvements of the emergency shelter and support services facilities. Emergency shelter rehabilitation includes repair and replacement of ceiling,, tiles, doors, safety latches, and lighting. 27 Exterior rotting wood will be replace and repainted. Replacement of the damaged track of the security gate. $72,405 Rehabilitation of the support earvicos facilities ir~ludes roof replacement, expansion of current security system, security fencing, resurface and expansion of parking, and addition of sidewalk. Capital Contribution $10,000 Non Profits Total $550,733 TOTAL 5,653,152 4 2 NO ATTACHMENT FOR THIS ITEM 3 NO ATTACHMENT FOR THIS ITEM 4 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 20, 2003 AGENDA ITEM: Special Presentation for the North Padre Island Storm Damage Reduction and Environmental Restoration Project. Staff is very pleased to report to the City Council that on May 12, 2003, the Office of the Assistant Secretary of the Army approved the Project Report on the Packery Channel Project and executed the Record of Decision documents. Therefore, the Corps of Engineers is now ready to formally execute the Project Cooperation Agreement (PCA) with the City of Corpus Chdsti. Representative of the Corps of Engineers will be present at the Council Meeting on May 20, 2003, to execute the documents at 2:00 pm dudng the Council Meeting. The execution of the documents locally was previously appreved through the execution of a Memorandum of Agreement with the Corps of Engineers through Council Action on Mamh 25, 2003. In addition to the signing, the City will also be presenting several checks to the Corps of Engineers and the General land Office as follows: 1. The City will present a check to the Texas GLO in the amount of $450,000 which represents the City's share of a Coastal Erosion Program Response Act Fund Assistance frem the GLO. The State will be contributing $1,275,000. (The GLO will take the City's $450,000, add it to the State share of $1,275,000 and send a total of $1,725,000 to the Corps of Engineers for the project.) 2. The City will present a check in the amount of $437,500 to the Corps of Engineers for the City's total share for the mitigation of the project 3. The City will present a check for $296,084 to the Corps of Engineers for the remaining balance of the first year local share. (See synopsis below.) Synopsis of the monetary transactions Components of local share (first year) GLO CEPRA Grant Local share CEPRA Grant Local share of Project Mitigation Balance of local share $1,275,000 450,000 437,500 296,084 Total local share Total Federal share $2,458,584 4,998,003 Total first year cost $7,458,587 The Corps of Engineers plans to advertise the preject for construction immediately after execution of the PCA and receive bids the first week of July and award the preject in mid-July with construction beginning soon thereafter. These timetables remain precisely on track. We would anticipate a major groundbmaking for the project in the July 15 - August 1 timeframe. W. Thomas Utter Special Assistant to the City Manager COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of eleven (11) sedans and one (1) cargo van from the Houston-Galveston Area Council of Government (HGAC), for the total amount of $179,910.40. The award is based on the cooperative purchasing agreement with HGAC. These vehicles will be used by the Police Department. Funds are available through the Law Enforcement Block Grant and Maintenance Services Fund. The sedans are replacements to the fleet. The van is an addition. Background Purpose: The sedans will be used by detectives and investigators in carrying out their day to day duties. The van will be used to transport conf'~scated property to and from the police station. Axvard Basis: Price History: The purchase is made through the cooperative purchasing agreement with Houston-Galveston Area Council of Governments (HGAC). HGAC acts as a purchasing agent for participation members through the inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. The City purchased ten similar type sedans in 2002 at a unit price of $14,678. The current unit price is $14,782.70. Funding: Law Enforcement Block Grant Capital Outlay Items No. 128A & 129A 550030-1050-00000-820802 550020-5110-40120 $177,000.00 2,910.40 Total: $179,910.40 May 20, 2003 Buyer: Michael Barrera City of Corpus Christi Bid Tabulation Sedans & Van Item Description 2003 Ford Taurus sedan 2003 Ford E350 1 ton carg~p van Administration Fee QTY HGAC C-ooperative Contract Contract # VE02-06 11 $14,782.70 1 1 $162,609.70 16,700.70 16,700.70 600.00 600.00 Award Total $179,910.40 6 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Oil Patch Petroleum, Inc., Corpus Christi, Texas for reformulated gasoline in accordance with Bid Invitation No. BI- 0099-03 based on low bid for an estimated expenditure of $377,535.69 of which $62,922.62 is budgeted in FY02-03. The term of the supply agreement is for eight months, with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager, or his designee. Funds have been budgeted by Maintenance Services in FY02-03. Purpose: This contract covers the bulk gasoline requirements for City vehicles and equipment. The Reformulated Gasoline (RFG) will be delivered in bulk to the City's Service Center. In 1996, a Flexible Attainment Region Agreement (FAR) was signed by the City as a voluntary commitment to control volatile organic compound emissions. One of the City's commitments was the use of RFG in City vehicles. Since that time, a nexv agreement, the 03 Flex Agreement, has replaced the original agreement and the City has continued to voluntarily use RFG in the fleet. This award will replace a current contract with Susser Petroleum, Corpus Christi, Texas that has been in effect since December 2002. Contract pricing is determined by adding the supplier's bid price to an agreed upon index to come up with the total charge per gallon to the City. Due to a misunderstanding of the applicable index that would be used as the basis for pricing, Susser has requested a rebid of the contract. They have agreed to honor the pricing submitted on the bid until a new contract is awarded. The eight month contract is recommended to coincide with the City's diesel and commercial gasoline contracts. Bid Invitation Issued: 9 Bids Received: 3 Basis of Award: Low Bid. The oil market determines fuel prices. Bidders were asked to quote prices based on mark-up or mark-down from the Corpus Christi rack price. The mark-up/mark-down remains constant while the market price changes daily. With this method, the City can determine the fuel cost at any point in time. With all bidders using lbe same base index, the mark-up/mark-down dctermines the loxx esl responsible bidder. Ftlndir g: Maintenance Services /~ (~ ,-~ 520210-5110-40140 $62,992.62 CITY OF CORPUS CHRISTI PURCHASING DIVISION PRICE SUMMARY Bid Invitation No. BI-0099-03 Reformulated Gasoline May 13, 2003 Due to volatile oil prices, bidders ~vere asked to quote a mark-up or mark-down relative to the Corpus Christi Rack Price. The following indicates the relationships to the Corpus Christi Rack price. The attached bid tabulation ~s calculated on Corpus Christi rack price as of 4/08/03. Item Oil Pach Susser Petro eum Petroleum +$0.£ 095 +$0.0175 +$0.1200 +$0.0865 DIFCO Inc. 1.1 +$0.02 1.2 No Bid BID INVITATION NO. BI -0099-03 SUPPLY AGREEMENT FOR REFORMULATED GASOLINE DATE. 5/20/03 BUYER MICHAEL BARRERA BID OIL PATCH PETROLEUM, INC. SUSSER PETROLEUM ITEM DESCRIPTION QTY CORPUS CHRISTI, TX CORPUS CHRISTI, TX DIFCO, INC. CORPUS CHRISTI, TX 1_0 Reformulated Gasoline in accordance with Specifications 1.1 Transport Deliveries 393,757 $0.9410 $ 370,525.34 $0.9490 $373,675.39 $0.9515 $374,659.79 1.2 Tank Wagon Delivery 6,667 $1.0515 7,010.35 $1.0180 6,787.01 N/B N/B TOTALS $ 377,535.69 $380,462.40 $374,659.79 (incomplete) NOTE: This tabulation is prepared for evaluation purposes. Unit prices were determined by applying the mark-up/mark-down relative to the Corpus Christi Rack RFG price (DTN) as of 04108/03: Reformulated Gasoline $0.9315 4/8/2003 Example: Reformulated Gasoline, Transport Deliveries Corpus Christi Rack 0.9315 Oil Patch .0095 City Cost $0.9410 7 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease of a reconditioned motor grader with H&V Equipment Services, Inc, Corpus Christi, Texas for the total amount of $80,800, of which $6,674 is budgeted in FY02-03. The award is in accordance with Bid Invitation No. BI-0101-03 and is based on low bid. The term of the lease is for twenty-four months with an option to extend the lease for up to twelve additional months subject to the approval of the City Manager or his designee. The motor grader will be used by the Park & Recreation Department. ****************************************************************************** Background Purpose: The motor grader will be used by the beach operations division of the Park & Recreation Department for maintaining the beach and beach roadways. In January of 2002, the City assumed beach maintenance responsibilities of the newly annexed beach front property. Since that time, the City has been leasing a motor grader on the open market. The decision to lease the motor grader in lieu of purchasing the equipment was made due to the harsh conditions present at the beach. The lease provides for a full maintenance contract that will keep the unit operational throughout the term of the lease. At the end of the two year lease, the City will either exercise its option to extend the lease or establish a new lease for replacement equipment. Number of bids Issued: Eleven Number of bids received: Two Award Basis: Low Bid Price History: The open market lease rate for the equipment is $3,375 per month. The recommended lease rate is $3,337 per month. Funding: Michael Barrera, C.P Procurcment& General/ Park & Recreation 530180-1020-12940 FY02-03 $6,674 Annual funding x~ill be requested during each of the following budget years. Thc ongoing contract is contingent upon all fhmre budget appropriations. ;ervices Manager May 20,2003 City Of Corpus Christi Purchasing Division Bid Tabulation Bid Invitation No BI-0101-03 Buyer: Michael Barrera Lease of Motor Grader Quantity: 24 Months H & V Equipment Services, Inc Corpus Christi, Texas Unit Price Total $3,337.00 $80,088.00 Holt Company of Texas Corpus Christi, Texas 7,740.00 185,760.00 8 AGENDA MEMORANDUM City Council Action Date: May 20, 2003 AGENDAITEM: Ordinance appropriating !$434,540 from the unappropriated interest earnings from Water 1994 CIP Fund 4081; transferring to and appropriating in Water ClP Fund 4080 for the relocation Of a Waterline on Rand Morgan Road (FM 2292), from Leopard Street to McNorton Street; amending capital budget adopted by Ordinance No. 025144 by increasing appropriations by $434,540; and declaring an emergency. B. Motion authorizing the City Manager or his designee to execute an emergency procurement with Bay Ltd. for $434,840.00 for waterline relocation on Rand Morgan Road (F.M. 2292) from Leopard to McNorton Street. ISSUE: This project is necessary due to a TxDOT project let in March 2003, to widen a section of the roadway between Leopard and McNorton Street in the vicinity of a new Tuloso Midway Intermediate school. As a result of the widening of the roadway, the existing 16-inch water line will need to be relocated. FUNDING: Funding is available through unappropriated interest earnings in the Water Capital Improvement Program. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. The execution of this change order is necessary to expedite the relocation of the 16-inch water line to meet Texas Department of Transportation project schedule for the improvements to Rand Morgan Road. -~[;:~Angel R Escobar, P E, Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Location Map IAGENDA MEMORANDUM ADDITIONAL BACKGROUND MEMORANDUM SUBJECT: Relocation of 16-inch Water Line on Rand Morgan Road (F.M. 2292) between Leopardl Street and McNorton Street. FUTURE COUNCIL ACTION: Acquisition of right-of-way for the Texas Department of Transportation (TxDOT) Rand Morgan Improvements between Leopard Street and S.H. 44. Execution of an Advarlced Funding Agreement to place funds in escrow for installation of casings for future water and wastewater utility lines as part of the construction contract for the Rand Morgan Road (F.M. 2292). FUTURE ADMINISTRATIVE A~CTION · Purchase of 35-foot utility easement. BACKGROUND: A new intermediate school in the Tuloso-Midway Independent School District was opened in January, 2003, within the Northwest Crossing Subdivision, west of Rand Morgan (F.M. 2292)Road. Residents expressed concerns over children pedestrian safety issues on the narrow twoi lane roadway on Rand Morgan Road and increased traffic volumes. TxDOT responded by accelerating the section in front of the school in March, 2003. This will widen the section of the roadway between Leopard and McNorton Street. The road widening consists of a center turn lane and right turn lane near the new school. The widening of the roadway results in relocation of the new roadside ditch over the existing 16-inch water line. The rest of the Rand Morgan (FM 2292) project will be let by TxDOT after right-of-way is acquired by the City. PROJECT DESCRIPTION: This project will consist of the installation of 4,600 linear feet of 16-inch PVC water line, with associated fire hydrants and appurtances, along the west side of Rand Morgan Road between Leopard Street and McNorton Street. The waterline must be relocated either prior or concurrent to the road construction. The Texas Department of Tran~sportation's roadway contractor for this project is Bay Ltd. To expedite construction, minimize disruptiion to the school district, and to allow proper construction sequencing, it is recommen~ted the work be awarded as an emergency procurement. This forestalls the possibility of damage or delay claims by the contractor against the City of Corpus Christi. The precurement meets the criteria set forth by the Local Government Code 252.022(a) for emergency procurement exempts this repair from State competitive bid requirements because it: · preserve or protect the public health or safety of the municipality's residents; and · preserves the property of the municipality. Exhibit A Page 1 of 2 Specifically, any delay in completing the widening the section of roadway in front of the new school negatively affects pedestrian and vehicle safety. Completion of the project in a timely manner also conserves municipal funds that might otherwise be subject to contractor damage or delay claims. H;IHO ME~LYN DAS~GIE N%WATER\8464 - Rend Morgan Road Water Line Relcca lion,background, DOC Exhibit A Page 2 of 2 PROJECT LOCATION N HWY 44 AGNES Nueces ,unty CORPUS ~RIS11 IN~.RNK~ONAL AIRPORT H 37 BEAR CORPUS CHRISTI BAY FI4 2444 PROJECT NO. 8464 LOCATION MAP NOT TO SCALE E/~ERGENCY PROCURE/dENT WATER LINE RELOCATION RAND MORGAN ROAD (F.M. 2292) CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERWCES PAGE: I of 1 DATE: 05-14-2003 ORDINANCE APPROPRIATING $434,540 FROM THE UNAPPROPRIATED INTEREST EARNINGS FROM WATER 1994 CIP FUND 408t; TRANSFERRING TO AND APPROPRIATING IN WATER CIP FUND 4080 FOR THE RELOCATION OF WATERLINE ON RAND MORGAN ROAD (FM 2292), FROM LEOPARD STREET TO MCNORTON STREET; AMENDING C~.PITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS BY $434,540; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $434,540 is appropriated from the unappropriated interest earnings from the Water 1994 CIP Fund 4081 and transferred to and appropriated in Water CIP Fund 4080, Project No. 100103, Account No. 550910, for the relocation of waterline on Rand Morgan Road (FM 2292), from Leopard Street to McNorton Street. SECTION 2. That the Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $434,540. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: May 15, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar Assistant City Attorney For City Attorney 9 AGENDA MEMORANDUM DATE: May 20, 2003 SUBJECT: Police and Fire Public Safety Training Facility, Phase 1 (Project No. 5118) BOND ISSUE 2000 PROJECT NO. A-3 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Consultant Contract with Cotten, Landreth, Kramer Architects & Associates, Inc. in the amount of $325,376, for a re-stated fee of $347,976, for the Police and Fire Public Safety Training Facility, Phase 1. (Bond Issue 2000 Project No. A-3) ISSUE: A site has been selected for the Police and Fire Public Safety Training Facility. The selected site is the Flint Hills Refinery property located at IH 37 and Carbon Plant Road. An Amendment to the Consultant Contract is required to complete the design, bid, and construction phases of the proposed project. FUNDING: Funds for this project are available in the FY 2002-2003 Public Health and Safety Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. r~ Angel~. ¢:scobar, P. E., Direc(or of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map H/HO ME/KEVINS\G EN/F[RE/TNGFACIL~AEArnd3Mem, o doc BACKGROUND INFORMATION SUBJECT: Police and Fire Puiblic Safety Training Facility, Phase I (Project No. 5118) Bond Issue 2000 Project No. A-3 PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordiqance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositipns; adopting and levying a sales and use tax pursuant to Section 4A of The Devekppment Corporation Act as approved by the voters in Propositions 4 and 5 (Ordir~ance No. 024269). 2. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144) PRIOR ADMINISTRATIVE ACT 1. October 18, 2000 - DistribL (Public Health and Safety, local architectural and engi 2. November 10, 2000 - Adde ON: tion of Request For Qualifications (RFQ) No. 2000-08 - 'arks and Recreation, Street Improvement Projects)to 73 leering firms. ~dum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health 'nd Safety, Parks and Recreation, Street Improvement Projects) to 73 local amhitE ctural and engineering firms. January 10, 2001 - Adden~Jum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. February 26, 2001 - Executed Contract For Professional Services with Cotten, Landreth, Kramer ArchiteCts & Associates, Inc. in the amount of $12,600 for the Police and Fire Public Safety Training Facility. 5. June 8, 2001 - Executed Amendment No. 1 to the Contract For Professional Services with Cotten, Landreth, Kramer Architects & Associates, Inc. in the amount of $500, for a total re-stated fee of $13,100, for the Police and Fire Pu blic Safety Training Facility. 6. September 24, 2001 - Executed Contract For Professional Services with Urban Engineering in the amount of $4,500 for the Police and Fire Public Safety Training Facility. 7. June 3, 2002 - Executed Amendment No. 2 to the Contract For Professional Services with Cotten, Landreth, Kramer Architects & Associates, Inc. in the amount of $9,500, for a total re-stated fee of $22,600, for the Police and Fire Public Safety Training Facility. FUTURE COUNCIL ACTIONS: 1. Approval of land acquisition for the facility; 2. Award of a construction contract for Phase 1 facilities (Training Tower and Firing Range); EXHIBIT "A" Page 1 of 3 H:\HO ME\KEVINS\GE N/F~RE/TNGFACIL~AEAmd 3BkgExhA doc BACKGROUND INFORMATIOI~: The purpose of this project is to provide a new facility for the training of firefighters in high-rise conditions and peace officers in pistol and long-barrel weapon use. The design and construction of this facility will include the following: · five-story fire tower · firing range PHASED APPROACH: The complete development Police and Fire Public Safety Training Facility will require future additional bond issues. Bond 2000 Funds approved for the project will provide an outdoor firing range and fire training tower. Phase 1 includes the minimum trraining facilities needed to maintain qualifications of both fire and police personnel. For Fire Department, Phase 1 will provide a burn building/tower and drafting pit with supporting ancillary facilities. For the Police Department, it consists of a minimum pistol firing range width an environmentally operated lead recapture system, berms and supporting ancillary facilities. Future phases will be developed as funding becomes available. The facility master plan envisions a more extensive burn building, surrounding concrete aprons, fire water lines, hydrants, standpipe, wastewater system, interior lighting, exterior lighting, ventilation and associated support facilities. The police firing range would provide a bullet trap/lead re- capture system. The facility would ultimately include extensive aprons and roadways for emergency vehicle training. The vicinity, site master plan, and the Phase 1 development diagrams are attached. See Exhibit B. SITE SELECTION: It was originally planned to locate the proposed project at the Cefe Valenzuela Landfill site. The land purchased for the Cefe Valenzuela Landfill was in excess of that needed for landfill operations. The purchase of property in excess of the minimal landfill requirements was deemed advantageous because: · area property owners were provided an additional buffer; · concerns of surrounding property owners were mitigated; · the risk of a contested TN!RCC permit application was greatly reduced; and · condemnation was of the property was avoided. Locating the Police and Fire Public Safety Training Facility at Cefe Valenzuela offered several advantages. These included: surrounding land uses that were compatible with the proposed facility; co-use of drainage, roads and utilities that will be developed as part of the landfill; and · avoidance of land acquisition costs. The development Cefe Valenzuela Landfill was delayed to allow the City to defer the construction costs until needed. J. C. Elliott Landfill has not filled as rapidly as projected. Reduced levels of brush disposal and diversion of brush to composting has contributed to the additional service life. Additionally, City staff is currently pursuing alternatives to landfill operations including the possible expansion of J. C. Elliott. ALTERNATIVE SITES: Staff began a search for other suitable sites as the Cefe EXHIBIT "A" Page 2 of 3 H iHOM E/KEVIN S/G E N/FIRE/TNG FACIL~AEAmd3BkgExhA doc Valenzuela Landfill infrastructure remains undeveloped. The City contracted with Cotten, Landreth, Kramer Architects & Associates, Inc. to perform a site search. The primary site considered was the Flint Hill Refinery (formerly Koch Refining) barrow pits located between IH 37 and Hernes Ferry Road east of Carbon Plant Road. The property is owned by Flint Hills Refinery and is in close proximity to the Training Facility of the Refinery Terminal Fire Company (RTFC) on Carbon Plant Road. The Flint Hill Refinery site originally appeared to cost more than an alternative site adjoining Corpus Christi International Airport (CCIA). An additional site was investigah more acceptable and economic~ CCIA Master Plan for property a( use by the Master Plan and FA~ the road and drainage requirel infrastructure. The site ultimatel' Refinery site. ~d south and west of CCIA to determine if this would be a site. This site offered the advantage of being within the uisition. The Training Facility was deemed a compatible Two (2) studies were performed and due to determine ents and probable costs of developing the required proved to have a higher develop cost than the Flint Hills SITE DEVELOPMENT: Additidnal architectural and engineering services are necessary to proceed with Phase 1. Phaseil is intended to include design of the burn building/tower, drafting pit supporting ancillary facilities, and pistol firing range. This includes any required environmental reviews and permits that are necessary to ensure compliance with applicable state and federal regUlations. The project will include design and construction of the water main adjacent to Hernes Ferry Road from Carbon Plant Road. A future upgrade of Hernes Ferry Road will ultimately be necessary due to the weight and size of fire apparatus units moving up and down the road. A/E AMENDMENT NO. 3: Amendment No. 3 provides for design phase, bid phase, and construction phase services. This will result in the development of the contract, bid, plans and specifications necessary to proceed with construction of the proposed Fire Tower and Firing Range (Phase 1). The Fire Tower will be used for training the practical application of high rise firefighting drills, rescue drills, hose advancement, rope work, ladder use, and live fire drills. The tower is essential to meet fire certification requirements set by the National Fire Protection Association (NFPA). The Public Safety Range and Training Facility (Firing Range) provides the necessary facility for Corpus Christi Peace Officers to qualify on pistol and long barrel weapons. FUNDING: Funds for this project are available from various Public Health & Safety Capital Improvement Funds, Water ClP Funds and interest appropriations. H !HO M E/KEVINS\G EN/FIRE/TNGFACIL~AEAmd3BkgExhA doc EXHIBIT "A" Page 3 of 3 PRO~ECT LOCATION N F~RE PROJECT POLICE N Paterson VICINITY MAP NOT TO SCALE CIP PROJECT No. 5118 POL T. T. TCE AND FT_RE PUBL T_C SAFETY TRAINING FACZL T_ TY CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "B" CITY COUNCIL EXHIBIT DEPAR~ENT OF ENGIN~RING SER~CES PAGE: I of 3 ~: 05/15/2005 C 1 FIRE/POLICE TRAINING FACILITY MASTER PLAN (FLINT HILLS SITE) EXHIBIT "B" MASTER PLAN Page 2 of 3 C 2 FIRE/POLICE TRAINING FACILITY PHASE 1 (PLINT HILLS SITE) EXHIBIT "B" PHASE 1 Page 3 of 3 10 AGENDA MEMORANDUM May 20, 2003 SUBJECT: Arena/Convention Genter - Street & Parking Lot Modifications Project No. 4301 AGENDA ITEM: Motion authorizing the City Menager, or his designee, to execute an agreement for engineering services with MEI GDvind, Inc., of Corpus Christi, in the amount of $42,000.00 for the Bayfront Convention Cer~ter Expansion and New Multipurpose Arena - Phase 3 - Street & Parking Lot Modificatiohs. FUNDING: Funding is available from the Arena and Convention Center CIP Funds. RECOMMENDATION: Approval of the motion as presented. ~,ng~ F~. Escobar, P. E. Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Actions Contract Summary Location Map ADDITIONAL INFORMATION SUBJECT: Arena/Convention Center - Street & Parking Lot Modifications Project No. 4301 BACKGROUND: The Multi-Purl~ose Arena and Convention Center Expansion will have a new grand plaza leading to thff respective buildings. The curb line of the new plaza extends into a portion of the alea that was formerly a southbound traffic lane. This requires the realignment of southbound Shoreline Boulevard. PROJECT: This phase of tl~e Arena/Convention Center project is necessary to ~ate the new plaza. The plaza is included in the Arena and Convention Center contracts, but the work only extepds to the curb. A new bus and passenger drop-off lane and three new southbound traffi(~ lanes must be built to interface with the new plaza. This will be accomplished only by narrrowing the current traffic islands from their current width to approximately 24-feet. The modified traffic islands are to be landscaped. ADA compliant pedestrian crosswalks will be provided as part of the project, The project will also include pavement repair on Resaca Street associated with the new sidewalk and curb line being built as part of the Arena project. The final component of the project will be parking lot modifications to provide separate service truck access to Arena/Convention Center service docks. The project will be constructed after the area can be cleared by the Arena and Convention Center contractors. The contractors are presently using the area as a lay down and storage yard. The area will also be used by cranes for steel framing erection. A/E SELECTION: The roadway work being addressed by this phase is largely independent of the Arena and Convention Center projects. The work is civil engineering that can best be addressed by contracting with an engineering consultant. MEI Govind provided all civil engineering and survey services for the project architects (TVS and ARQ) as their sub-consultant. They were responsible for the design and grading of the plaza, sidewalks, curbs and gutters. The projects architects had no objection to the work being directly contracted. EXHIBIT "A" Page 1 of 1 H:\HOME\KEVINS\GENV~,renaCCPhase3\^AEAGENDABkgExhA.doc PRIOR ACTIONS PRIOR COUNCIL ACTION: The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion avvarding project management contract in the amount of $486,000 to Gilbane Building Cqmpany for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-0~9). November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act aS approved bythe voters in Propositions 4 and 5 (Ord. No. 024269). January 23, 2001 - Ordinance al~propriating and advancing $900,000 for the Arena project (Ord. No. 024346). January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund. February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services during the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). Au.qust 21,2001 - Council approval of the Corpus Christi Business and Job Development Board resolution to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551). H:',HOME KEVINS'~G EN~A~ ena CCPhase3V'AEAGEN DAPriorActExh B doc EXHIBIT B Page 1 of 3 Auqust 28, 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); · Authorization to execute all documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900 subject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic Development Initiative Speci~ll Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. No. 024564); · Authorization to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Beck 72, Beach Addition with TRT Development Company for a purchase price of $3,3119,084 (M2001-340). September 11,2001 - Motion aUthorizing the City Manager, or his designee, to execute a geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for MultiFturpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001.424). September 9, 2002 - a. Ordinance appropriating $425,000 from.the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 5, 2002 - Motion approving the recommended ranking of contractors for the Multi-Purpose Arena and authorizing the City Manager or his designee, to enter negotiations in accordance with the Local Government Code (M2002-364). November 26, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Moorhouse-Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002- 399). December 17, 2002- a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CIP Fund from the Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of EXHIBIT B Page 2 of 3 ] H:,,H OM E~KEVIN S\GEN,~,renaCC Phase3\^AEAGEN DAPriorActExh B doc the Area; and Declaring an Emergency. b. Motion authorizing the city Manager, or his designee, to execute a construction contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed $34,232,798 for the Multi-Purpose Arena and an amount not to exceed $1,500,000 for the Convention Center Expansion Mechanical System Improvements. (Total Contract = $35,732,798) January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Gilbane Building Co. in the amount of $2,575,000 for project management services (construction phase) for the Convention Center Expansion and Rehabilitation ($1,287,500) andi Multipurpose Arena Projects ($1,287,500) M2003-013. January 21, 2003 - Motion authorizing the City Manager, or his designee, to execute an engineering materials inspectiort and laboratory services agreement with Fugro South, Inc. in an amount not to exceed $230,000 for the Bayfront Multi-Purpose Arena project (M2003- 032). May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 for the Multi-Purpose Arena in the amount of $572,309 with Fulton-Coastcon, Joint Venture for changes in the structural, acoustical deck, glazing, electrical and other systems. PRIOR ADMINISTRATIVE AC'IT ONS July 31, 2000 - Award of Amendment No. I in the amount of $7,500 to Gilbane Building Company for architectural selection assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. FUTURE COUNCIL ACTIONS; Award an construction and testing contracts for the reconstruction of Shoreline in front of the Arena and Convention Center. Some additional change orders are anticipated based on review of the final issued for construction plans and suite build out. The purchase ice making equipment for the Arena floor will need to be addressed as part of the lease agreement with the Rays. Several furnishings and fixture packages that are not part of the construction contract will require award by Council. These include: · Concession/food service equipment; · Scoreboard; · Seating; · Signage; and · Other FFE items. H 14OI tE KEVINS'C;EN~ArenaCCPhase3\^AEAGENDAPriorActExhB do(; EXHIBIT B Page 3 of 3j EXHIBIT C CONTRACT SUMMARY SCOPE OF SERVICES Design Phase. The A/E will: a. study, verify, and implement design the conceptual design including: construction sequerlcing, connections to the existing facilities, and restoration of property and incorp( rate these plans into the construction plans. Development of the construction s Department(s) and E prepare one set of (: City Standards as conditions and sup[ .,quencing will be coordinated with the City Operating :ngineedng Services staff; onstruction Bid and Contract Documents in City format (using applicable), including Contract agreement forms, general lemental conditions, invitation to bid, instruction to bidders, jirements, and preparation of other contract and bid related insurance, bond req items; specifications and drawings to fix and describe, for one bid orfor multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis; c. provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered dudng construction (to be included under additional services); d. prepare final quantities and estimates of probable costs and probable construction schedule; e. furnish 1-copy 60% plans (plans only-identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. f. furnish complete construction and bid documents including specifications for City staff review and approval. Provide 1 copy of 90% (optional upon City request) and 100% complete plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants; g. provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 90% (optional), and 100% complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub-consultant NE shall submit a letterdeclaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc; h. if required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department; i. upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (in City Format) and said bid documents henceforth become the sole property and ownership of the Cily of Corpus Christi. j. the City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans; k. assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed; EXHIBIT "C" Paste 1 of 3 i t I H HOME!KEVINS!GEN~ArenaCCPhase3/^AEAGENDASu~rrpawExhC doc I. prepare and submit monthly status reports with action items developed from monthly progress and review meetings; m. provide a Storm Water Pollution Prevention Plan; and n. Ordinance No. 19663 establishes the Municipal Public Arts Program requiring works of art to be included in certain city construction projects. If it is determined this project is subject to Municipal Public Art Program, the architectJengineer will cooperate dudng the design process to fulfill the requirements of the ordinance. Bid Phase. The NE will: a. participate in the pn~-bid conference; b. assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. review all pre-bid q~Jestions and submissions concerning the bid documents and prepare, in the City'S format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes pdor to bidding; d. attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation cclnceming award of the contract; and e. in the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. Construction Phase. The NE will perform contract administration to include the following: a. participate in pre-construction meeting; b. review for conformance to contract documents, shop and working drawings, materials and other submittals; c. review field and laboratory tests; d. provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest Of the City under the contract; e. make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction; f. prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; g. make final inspection with City staff and provide the City with a Certificate of Completion for the project; h. as applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum, the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other pads of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are EXHIBIT "C" Parle 2 of 3 compatible with the image-viewing software available on the City's computer - Imaging for Win95 (Wang) and Micresoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks; and, review construction 'red-line" drewings, prepare record drewings of the Project as constructed (from the "red-line" drawings, inspection, and the contractor previded plans) and deliver tothe Engineering Services a repreducible set and electrenic file (AutoCAD r.14 or later) of the re, cord drawings All drawings will be CADD drawn us ng dwg format in AutoCAD', aqd graphics data will be in dxf format with each layer being provided in a Separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. Fee for Basic Services 1. Preliminary Phase $1,000.00 2. Design Phase 28,000.00 3. Bid Phase 3,000.00 4. Construction Phase 10,000.00 Total Authorized Fee $42,000.00 EXHIBIT "C" I Pa~e 3 of 3 File : SHIP CHANNEL HARBOR BRIDGE PROJECT SITES N CONVENTION ARF~NA CORPUS CHRISTI BAY CITY PROJECT No. 4301 BAYFRONT CONVENTT_ON CENTER EXPANSION AND NEW MUL T~.-PURPOSE ARENA - PHASE 3 - STREET & PARKING LOT MOD!FICAT£ONS CITY OF CORPUS CHRISFI, TEXAS VICINITY MAP NOT TO SCALE CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05- 14-2005 EXHIBIT "D" 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 5120103 AGENDA ITEM: Item A: Motion authorizing the City Manager, or his designee, to accept a grant in the amount of $2,112 awarded by the Corporatior~ for National and Community Service for the Retired and Senior Volunteer Program. Item B: Ordinance appropriating a grant in the amount of $2,112 awarded by the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired and Senior Volunteer Program: and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Service will provide enhanced funding to continue the Retired and Senior Volunteer Program. The fund authorization will be for the period April 1, 2003 through March 31, 2004. REQUIRED COUNCIL ACTIONi: Council authorization to accept and appropriate Federal grant funds from the Corporation for National and Community Service to continue the Retired and Senior Volunteer Program from April 1, 2003 through March 31, 2004. These funds must be formally accepted and appropriated by the City Council. PREVIOUS COUNCIL ACTION: On March 15, 2003, the City Council accepted and appropriated Federal funds in the amount of $52,803 from the Corporation for National and Community Service. This Council action authorized funding for the second year of a three-year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $2,112 in supplemental Federal funds to City of Corpus Christi. These Funds are to supplement Administrative costs of the Retired and Senior Volunteer Program and will be deposited into the 1050 Federal/State fund. No additional matching funds are required for accepting this grant for $2,112. CONCLUSION AND RECOMMENDATION: Council authorization requested to accept and appropriate funds from the Corporation for National and Community Service. Daniel L. Whitworth, Director Park and Recreation Department Attachments: BACKGROUND INFORMATION BACKGROUND: i The Retired and Senior Volunteer l~rogram has proven to be exceptionally beneficial to both senior citizens and various public a/~d private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the past grant l~eriod over 1,100 enrolled volunteers contributed over 11,000 hours each month through 96 differgnt non-profit, health care proprietary, and governmental agencies which includes the City ot~ Corpus Christi, local hospitals, the Red Cross, Texas State Aquarium, Nueces County Juvenile Justice Center and local school districts. During the FY 02 grant period over 132,000 hours were contributed to the community. Over 544 RSVP volunteers worked in various City departments such as Police, Library and Park and Recreation, resulting in an annual value of over $965,419 provided to the City of Corpus Christi. On March 15, 2003, the City Council accepted and appropriated Federal funds in the amount of $52,803 from the Corporation for National and Community Service. This Council action authorized funding for the second year of a three-year continuing grant process. The Supplemental Federal Grant funds of $2,112 are being granted to the City of Corpus Christi Retired and Senior Volunteer Program with no additional matching funds being required. ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $2,112 AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE RETIRED AND SENIOR VOLUNTEER PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant of $2,112 awarded by the Corporation for National and Community Service is appropriated in the No. 1050 Federal/State Grants Fund for the Retired and Senior VolUnteer Program. SECTION 2. That upon writlen request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr. Mayor APPROVED: May 6, 2003 LisaAguilar ~ Assistant City Attorney For City Attorney 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 20, 2003 AGENDA ITEM: Grant to Exppnd Children's Library at Central a. Motion authorizing the City I~lanager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides a grant of $15,000 to the City for the expansion and remodeling of the children's area at the Central Library. b. Ordinance appropriating $1,5,000 gift from the Corpus Christi Public Library Foundation, Inc. into the Library CIP 3210 for improvements to the children's area of the Central Library; amending Capital Budget adopted by Ordinance no. 025144 by increasing appropriations by $15,000; and declaring an emergency. ISSUE: The Central Library opened in 1986 with 1,500 sq. ft. dedicated to children's services, which is no longer an adequate. The Friends of the Corpus Christi Public Libraries and the Corpus Christi Public Library Foundation, Inc. are raising funds to remodel and double the size of the children's library. Library staff is working with Texas A&M University - Corpus Christi and the Junior League to restructure children's services to address the needs of the community. Additional community partnerships will be sought. REQUIRED COUNCIL ACTION: Acceptance of grant and appropriation of funds. PREVIOUS COUNCIL ACTION: The City previously received and appropriated a $61,344 grant for the same project form the Friends of the Corpus Christi Public Libraries. FUNDING: Funds for the expansion and remodeling project not total $76,344. Additional funds will be raised toward a goal of $225,000 to $250,000. CONCLUSION AND RECOMMIENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries GIFT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION CHILDREN'S L BRARY AT THE CENTRAL LIBRARY This agreement ("Agreemen Christi ("City"), a home-rule r the State of Texas, and the ("Foundation"), a Texas non ~rofit :") is made by and between the City of Corpus lunicipal corporation organized under the laws of orpus Christi Public Library Foundation corporation. For and in consideration of the covenants, undertakings, and consideration stated in this Agreement, thei parties mutually agree as follows: The City accepts a gift ("Gift") from the Foundation of $15,000, which will be spent solely and exclusively for the expansion and remodeling of the Children's Library at the City's Central Library. (2) All interest that accrues on the Gift will be used solely for the expansion and remodeling costs of the Children's Library at the City's Central Library. (3) Any portion of the Gift not disbursed by the City two years from the date of this Agreement will be refunded to the Foundation. (4) This Agreement cannot be assigned, modified, or amended unless both par- ties mutually consent to the assignment, modification, or amendment. Addi- tionally, any assignment, modification, or amendment must be made in writing and executed by representatives of each party. (5) This Agreement will be interpreted in accordance with the laws of the State of Texas. Executed in duplicate, each of which shall be considered an original, on this the day of ,2003. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: J"~/~J/ ~' , 2003. El~ab~ R. Hundle'y- , / / Assist~u~t City Attorney (~/ for the City Attorney George K. Noe Acting City Manager Corpus Christi Public Library Foundation SIGN HERE ORDINANCE APPROPRIATING $15,000 GIFT FROM THE CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC. INTO THE LIBRARY CIP FUND NO. 3210 FORIMPROVEMENTS TO THE CHILDREN'S AREA OF THE CENTRAL LIBRARY; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 BY INCREASING APPROPRIATIONS BY $15,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE C1'13' COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That gift of $15,000 from the Corpus Christi Public Library Foundation, Inc. is appropriated into the Library CIP Fund No. 3210 for improvements to the children's area of the Central Library. SECTION 2. That the FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is amended by increasing appropriations by $15,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 7, 2003 Lisa Aguilar ~ Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor ,-EG-DIF~\Lisa\ORD3\May 13 Library Foundation.doc 13 CITY COUNCIL AGiENDA MEMORANDUM City Council Action Date: 05120/03 AGENDAITEM: A. Motion authorizing the (~ity Manager or his designee to accept a grant in the amount of $78,231 from the State of Texas, Texas Alcoholic Beverage Commission for funding of overtime to enforce the underage drinking laws and to prevent youth access to and illegal use;of alcohol. B. Ordinance appropriating $78,231 fromthe State of Texas, Office of the Governor, Criminal Justice Division, in the No. 1050 State and Federal Grant Fund for funding of overtime to enforce the underage drinking laws and appropriating $27,000 in the State Law Enforcement Reserve in No 1050 Fund for grant match. ISSUE: The problem of underage possession and consumption of alcoholic beverages in the City of Corpus Christi has been and continues to be of significant concern in the community. The program will address this problem and enhance the enforcement of underage drinking laws. REQUIRED COUNCIL ACTION: Acceptance of grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Approval to submit the grant on 01/28/03. FUNDING: Funding covers overtime for three officers, four hours a day, 3 days a week, 26 weeks of the year. Other items include office supplies, training travel, vehicle lease and confidential funds. Funded applicants must provide a 25% project "match" either by cash contribution or the value equivalent of in-kind contributions. The State will provide $78,231 for the salaries and fringe benefits and the Law Enforcement Trust Fund $27,000 for all other items. CONCLUSION AND RECOMMENDATION: Staff recommends acceptance of the grant and appropriation of funds. Chief of Polica,.~/ Attachments: Grant acceptance notice BACKGROUNDINFORMATION The TABC has approved first year funding for a project to prevent minors from purchasing and consuming alco[ state law regarding underage pu sale of alcohol to minors, and to minors. The grant funds overtim goal to increase the State's abilil youth access to and illegal use c ol. The purpose of the program is to strictly enforce 'chase and consumption of alcohol, discourage the raise public awareness of alcohol's harmful effects on ~ officers who work in conjunction with TABC with the ¥ to enforce the underage drinking laws and to prevent f alcohol. The funds would be used to further our efforts in the following areas: · Target establishments suspected of a pattern of violations of state laws · Inform both establishments and minors of the consequences of illegal sales and purchases · Prosecute those who illegally sell and purchase alcoholic beverages. · Promote a strong and corisistent message concerning the consequences of underage drinking. This is first time funding available from TABC; previous funding for underage drinking projects has been provided through discretionary funds available under the Juvenile Accountability Incentive Block Grant (JAIBG). ~-~'\ ~T E X A SI ..-'-'~A L C 0 H 0 L I CI [.. ~ _-/BEVERAGEI ~ ~COMMISSION[ Jeannene Fox ~ ~John .Steen, Jr. Gail Madden Kel Seliger April 22, 2003 David R. Garcia City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 Dear Mr. Garcia: The Texas Alcoholic Beverage Commission (TABC) is pleased to award $78,231.00 to the City of Corpus Christi for the following project: Enforcing Underage Drinking Laws. TABC is dedicated to enforcing underage drinking laws and reducing underage drinking throughout the State of Texas. Your project, funded through the Office of Juvenile Justice and Delinquency Prevention's (OJJDP) Enforcing the Underage Drinking Laws (EUDL) block grant, contributes to this effort. The enclosed gram contract contains specific information aborn your award, including the Statement of Grant Award, Special Conditions, and Approved Award and Budget Summary. Please read over the comract and award conditions carefully and return the signed original contract to TABC within 45 days of receipt. Should you need additional time to return the contract, please submit a written request for an extension prior to the 45-day deadline. If your city accepts this award, the Project Director, Chief P. Alvarez, Jr., and others responsible for managing this grant, should plan to attend the mandatory grantee orientation meeting. This meeting is scheduled for Wednesday, May 21, 2003, at TABC Headquarters in Austin. TABC Headquarters is located at 5806 Mesa Drive, Austin, Texas 78731. The orientation meeting will be held in the Hearings Room, Suite 160, from 1:00 p.m. to 5:00 p.m. Please feel free to contact Andrea Luna, Programs Administrator at (5 l 2) 206-3218 if you have any questions. Thank you for your xvork and best wishes for a successful project. Sincerely, Cc: Chief of Police P. Alvarcz. Jr. Project Director Loc Ann Dulnbauld, Financial Officer Pat P. Eldridge, Senior Management .\ssistant P.O. Box 13127, Austin, Texas 78711-3127 (512) 206-3333 www. tabc. state, tx. us E X A SI - B V ^GEI C0MMISSIONI John T. Steen, Jr. Chairman-San Antonio Gall Madden Member-Dallas Kel Seligcr Member-Amardlo CONTRACT between the TEXAS ALCOHOLIC BEVERAGE COMMISSION and City of Corpus Christi (Legal Name of Grantee ) Corpus Ch :isti Police Department, PO Box 9016 (Address o£ Grantee) Ct rpus Christi, TX 78469-9016 N reinafler called the "Grantee" This grant is made by and between the State of Te:~as, acting by and through the Texas Alcoholic Beverage Commission, hereinafter called "TABC,' and the entity listed above. "State" hereafter refers to any State of Texas Government entity, including the Texas Alcoholic Beverage Commission. AGREEMENT 1. This agreement becomes effective on May 1st, 2003, or when fully executed by all parties hereto, whichever occurs later, and shall terminate on or before April 31, 2004, or unless otherwise terminated or modified as hereinafter provided. 2. The purpose of the program is as described in the grantee's signed program application, submitted in response to TABC's Request for Applications, and as listed on the Statement of Grant Award and Special Conditions of the award, as added by TABC (See Attachment A to this document). 3. Federal grant funds will be obligated to the Grantee based on receipt of the signed, original contract, which indicates acceptance of this contrach including Attachment A, Notice of Grant Award and Special Conditions, and Attachment B, TABC Approved Award and Budget Summary, and Attachment C, General Provisions. Federal funds will be paid to the Grantee on a reimbursement basis to cover documented costs set forth in the approved award and budget summary (See Attachment B). Requests for reimbursement will be due quarterly. Unexpended funds will be de-obligated from this project at the eod of the grant term, unless approved by the TABC. Reimbursememts will not be made for unauthorized services or purchases. Quarlcrly, and when requesting fund reimbursement, thc Granlce agrees to provide thc TABC with reports on thc program's progress (using specified TABC forms) and will work with the State to ensure program compliance, and with Texas A & M University to evaluate the program or services provided. The Grantee agrees that substantial progress toward meeting output and outcome measure goals, as outlined in the original application, will be made between each reporting period. TABC may request more frequent progress reports fi'om a Grantee, il' TABC deems this action necessary to monitor the performance of the grant. 6. The Grantee agrees to comply with all with State and Federal Assurances and other special requirements signed upon applying for this grant. The Grantee will also comply with the TABC Rules, Chapter 32, Grant Administration, and all rules adopted by reference therein. Grantee will also ensure that all contractors comply with these assuranoes. It is understood that a violation of any term of the grant may result in TABC placing a temporary hold on grant funds, permanently de-obligating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the organization from receiving future grant funds. All Grantees, even those expending less than $300,000 in total federal awards during the Grantee's fiscal year agree to provide TABC with ammal audited financial statements or one copy of the audit findings reporting package when schedule of f'mdings and questioned costs discloses audit finding (s) relating to awards received from TABC. Audit reports and/or certifications of"no findings" are due nine months from the end of the Grantees' fiscal year. 8. Attachments A, B and C to this Agreement are incorporated into the Agreement as if set out at length. 9. Disputes between the parties to this agreement as to the terms, conditions, rights and responsibilities under the Agreement must be resolved through the procedures in Chapter 2260 of the Texas Government Code. IN WITNESSETH WHEREOF, the parties of this agreement have executed duplicate counterparts. Sighatur~: Aut~5~zed (Type Name and Title) TEXAS ALCOHOLIC BEVERAGE COMMISSION J~ene Fox - Assistant Ad~inistrator (Date) (Date) Grant Number: Grantee Name: Division or Unit: Project Title: Grant Period: Grant Fund: TABC Award: ATTACHMENT A STATEMENT OF GRANT AWARD TEXAS ALCQHOLIC BEVERAGE COMMISSION'S ENFORCING THE [JNDERAGE DRINKING LAWS PROGRAM (To be oJstgned by TABC upon a~ceptance of award) City of Corpus Chrtsti Corpus Christi Poli~e Department, Special Services DivisionNice Section Enforcing Underagt Drinking Laws 5/1/2003-4/31/2004! Enforcing the Underage Drinking Laws (EUDL) Program, CFDA #16-727 Office of Juvenile Jflstice and Delinquency Prevention, US Department of Justice $78,231.00 The Texas Alcoholic Beverage Commission has awarded the above-reference grant. The approved budget, project description, output measures and outcome measures are approved as stated in the submitted grant application. This grant is subject to and conditioned upon acceptance of the Texas Alcoholic Beverage ~Commission's rules, regulations, and any applicable special conditions regarding the project cited below or in other sections of this grant contract. By signing and submitting this contract to TABC, the grant officials accept the responsibility for the grant project and certify their agreement to the conditions of grant funding. SPECIAL CONDITIONS OF THE GRANT AWARD 'l~e Grantee will participate in the following activities or will agree to the following conditions in addition to those set forth in the original grant application: 1. Upon acceptance of this grant a~vard, the grantee will provide the folloxving items before aoy cost reimbursements will be made by TABC: a. Schedule of extra duty pay rates for each employee assigned to work on this grant and documentation that the proposed extra duty rate is commensurate with rates for similar extra duty work paid by Corpus Christi Police Department. b. Additional outcome measure to bc approved by TABC. This outcome measure should state the minimum lmmber of retail establishments to bc checked during the 36 sting operations. 2. The PrQiect Director must attenct the 'FABC Grant Delivcn.' Meeting. 3. Thc l>ro. jcct Director will meet with thc Captain Richard Jauregui (or his designee) at thc ']'ABC Corpus Chrisli District Ot~ficc (or other designated location) on a monthly basis to share complaint information and to coordinate locations for sting operations. 4. The Project Director will meet at least twice during thc grant period with local judges/prosecutors to personally infoma them of the grant's efforts and to discuss ways to improve prosecution of alcohol age law violations. The grantee will report outcomes of these ~neetings in TABC quarterly progress reports. ATTACHMENT B TABC APPROV~ED AWARD AND BUDGET SUMMARY Budget Summary ~ TABC Request Grantee Match Total A. Salaries B. Consumables C. Postage D. Travel E. Rent- Equipment Lease/Other F. Training/Conferences G. Purchase o£ Evidence H. Professional/Contractual I. Other $ 78,231.00 $ 78,231.00 $ $ 500.00 $ 500.00 $ $ $ $ $ 21,600.00 $ 21,600.00 $ 4,000.00 $ 4,000.00 $ $ 900.00 $ 900.00 $ $ $ $ Total Budget $ 78,231.00 $ 27,000.00 $ 105,231.00 ATTACHMENT C GENERAL PROVISIONS 1. The State will make payment to the Gran~ee within thirty (30) days from receipt of the Grantee's Request for Reimbursement (RFR), if the RFR is prol~erly prepared, executed, and documented. 2. The Grantee agrees to maintain book, ~ecords, and documents pertaining to the costs and expense of this agreement, and agrees to make availabl~ said books, records and documents to the State for the purpose of making inspections or audits for a period ~)f four years from the date of final payment. 3. This agreement may be terminated befor~the established completion date by either party upon the failure of the other party to fulfill its obligation under this agreement upon ten (10) days written notice or by mutual consent. 4. The Grantee shall save harmless the TABC from all claims and liability due to activities of himself, his agents or employees performed under this agreement and which result for an error, omission or negligent act of the Grantee or any person employed by the Grantee. The Grantee shall also save harmless the TABC from any and all expenses, including attorney fees, which might be incurred by the TABC in litigation or otherwise resisting said claim or liability which might be imposed on the TABC as the result of such activities by the Grantee, his agents or employees. 5. The TABC and the Grantee shall not assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the other party. The TABC's policy mandates that employees of the TABC shall not accept any benefits, gifts or favors from any person doing business or who may be reasonably expected to do business with the TABC under this agreement. Any person doing business with the TABC under this agreement may not make any offer of benefits, girls or favors to TABC employees, except as mentioned here and above. Failure on the part of the Grantee to adhere to this policy may result in the termination of this agreement. In the case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceable act shall not affect any other provision thereof and this shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 8. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings, xwitten or oral agreements between the parties respecting the within subject matter. The agreement shall bc construed under and in accordance x~ith the laws of thc State of Texas and generally accepted principles tbr financial and pro,grammatic management of state grants. An.,,; legal actions regarding the pat'tics' obligations under this agreement must be lilcd in '1 ravis Count}. Texas. ORDINANCE APPROPRIATING $78,231 FROM THE STATE OF TEXAS, OFFICE OF THE GO~/ERNOR, CRIMINAL JUSTICE DIVISION, IN THE NO. 1050 STATE AND FEDERAL GRANTS FUND FOR FUNDING OF OVERTIME TO ENFORCE THE UNDERAGE DRINKING LAWS AND TO PREVENT YOUTH ACCESS TO AND ILLEGAL USES OF ALCOHOL; APPROPRIATING $27,000 IN THE STATE LAW ENFORCEMENT RESERVE IN NO 1050 FUND FOR GRANT MATCHt AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $78,231 from the State of Texas, Office of the Governor, Criminal Justice Division, is appropriated in the No. 1050 State and Federal grants funds for funding of ovffrtime to enforce the underage drinking laws and to prevent youth access to and illegal uses of alcohol. SECTION 2. That $27,000 is appropriated in the State Law Enforcement Reserve in No. 1050 State and Federal Grants Fund for grant matching funds. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr. Mayor APPROVED: May 12, 2003 Lisa Aguilar ~ Assistant City Attorney For City Attorney 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05120103 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $79,990 from the Texas Department of Transportation for the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $79,990 from the Texas Department of Transportation for funding of the Click Itor Ticket (CLOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1050 Federal/State Grants Fund; and declaring an emergency. ISSUE: Because the state of Texas leads the nation in traffic fatalities and seasonal problems in Texas regarding safety belt use are evident, Federal Highway Safety Funds are available to conduct overtime enforcement to increase seat belt use. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. PREVIOUS COUNCIL ACTIONi: Approval of year one grant in 02/03. FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salary, retirement, and mileage. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. P." Alvarez, Chief of Attachments: TXDOT Contract BACIKGROUND INFORMATION The State of Texas, Department of Transportation is providing funding for year two of the STEP program called Click It or Ticket (CLOT) where the Police Department will conduct a two-week occupant protection enforcement effort during the Memorial Day holiday and a two-week effort during the Thanksgiving holiday. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. During the two holiday seasons designated above, two teams of four officers each will work Monday - Friday 7:00 am - 11:00 am and 4:00 pm - 8:00 pm and on Saturday, Sunday 10:00 am - 2:00 pm and 4:00 pm - 8:00 pm on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to increase safety belt use among drivers and front seat passengers to 85 percent for the Memorial Day ClOT STEP and 86 percent for l~he Thanksgiving ClOT STEP. The State average is 81.12 percent. [] Federal Pass Through Grant Funds CFDA #20.604 [] State Grant Funds Misc. Contract Number: 583XXF6125 Charge Number: 03-04-05-Al-BM PIN: 17460005741000 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS ** THE COUNTY OF TRAVIS ** THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department, and The City of Corpus Christi ~ hereinafter called the Subgrantee, and becomes effective when fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a local government AUTHORITY: Texas Transportation C4de, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Plan for the following Fiscal Year(s) 2003 - 2004. WlTNESSETH Project Title: Click it or Ticket (CIOT) Selective Traffic Enforcement Program (STEP) Brief Project Description: To conduct an occupant protection enforcement effort covering a two-week period including Memorial Day and another a two-week period including Thanksgiving. AGREEMENT Grant Period: The Grant becomes effective on May I, 2003, or on the date of final signature, whichever is later, and ends on December 3 l, 2003. Maximum Amount Eligible for Reimbursement: $80,000 . Costincurredaftertheendofafiscalyearcannotbe reimbursed without prior written approval from the Department. (See also Article 3, Limitation of Liability, in the Standard Provisions) Project Year: 2003 Estimated Budget: TxDOT Labor $ 39,578 Other Direct Cost 438 IndirectfF&A Cost TOTAL $ 40,016 Project Year: 2004 Estimated Budget: TxDOT Labor $ 39,536 Other Direct Cost 438 Indirect/F&A Cost TOTAL $ 39,974 State/Local/Other Program Income 0 0 State/Local/Other Program Income 0 0 In addition to the Standard Provisions oflhe Agreement that follow, the following attachments are incorporated as indicated as a part of the Grant Agreement: [] Attachment A, Project Description [] Attachment B, Project Budget [] Attachment C, Standard Assurances [] Attachment D, Debarment Cextification [] Attachment E, Lobbying Certification (required if amount payable is $100,000 or more) [] Attachment F, Child Support Statement Page 1 of:bO// TxDOT Form 2075-ciot (rev. 3/20/2003) ORDINANCE APPROPRIATING $79,990 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE CLICK IT OR TICKET (CLOT) SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) WITHIN THE POLICE DEPARTMENT IN THE NO. 1050 FEDERAL/STATE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THEE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant Of $79,990 from the Texas Department of Transportation for funding Of the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) within the Police Department is appropriated in the No. 1050 Federal/State Grants Fund. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City CoUncil (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2003. ATTEST: THE CITYOFCORPUS CHRISTI Armando Chapa, City Secretary SamuelL. NeaI, Jr. Mayor APPROVED: May 14, 2003 /Lis~ A~u~ ar Assistant City Attorney For City Attorney 15 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 20, 2003 AGENDA ITEM: Ordinance consenting to the sale of property located at Flour Bluff and Encinal to Flour Bluff Independent School Distri~ for $4,720.00 and authorizing the Nueces County Judge to execute a resale deed for suCh property, and declaring an emergency. Legal Description: Property Location: NCAD Tax Number: Bid amount: .54 AC Lot 23, Section 49, Flour Bluff & Encinal Flour Bluff and Encinal, Corpus Christi, Nueces County 2476-0049-2330 $4,72O.OO ISSUE: Flour Bluff Independent School District has offered to pay $4,720.00 to the City of Corpus Christi to acquire the abandoned property at Flour Bluff and Encinal which is owned by the taxing entities: City of Corpus Christi, Nueces County, Nueces County Hospital District, Flour Bluff Independent School District, and Del Mar College. Delinquent taxes now due on the property total $9,129.00~ Flour Bluff Independent School District's share of this property is 43.1%. Flour Bluff Independent School District has offered to pay $4,72000, which is the amount approved by the City Council on April 15, 2003, for re-sale properties. Of this amount, the City of Corpus Christi will receive $1,460.04, (or 64% of what is owed to the City). When the property is sold to Flour Bluff Independent School District, the property will become tax-exempt. The property has a current assessed value of $15,706.00. However, the property adjoins the Flour Bluff school complex next to the football stadium, and once purchased, can be used to benefit the students. REQUIRED COUNCIL ACTION: Approval of proposed Ordinance authorizing the resale of the property. Director of Financial Services Attachments: Letter from Flour Bluff Independent School District Flour Bluff Independent School District R. Xavier Gonzalez, Assistant Superintendent for Business Management 2505 Waldron Road * Corpus Christi, Texas 78418* 361.694.9212. Fax 361.694.9800 George Noe City Manager City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469-9277 May 1, 2003 RE: Proposed Tax Foreclosur~ Auction of Resale Properties Saturday, June 7, 2003 Dear Mr. Noe: We received a proposed tax foreclosure auction of resale properties that have been struck off the tax rolls from the ~ax attorneys of Linebarger, Goggan, Blair & Sampson. Our Board of Trustees approved the proposed tax foreclosure auction of the resale properties at our board meeting on Thursday, April 24, 2003. Flour Bluff Independent School District wishes to purchase the interests of the other taxing entities in the properly listed as Item #88 on the prog~osed foreclosure auction list. This property adjoins our school complex next to our football stadium, and the acquisition of this properly will benefit our students. ~ . Your consideration of our proposed purchase is greatly appreciated. If you have any questions, please do not hesitate to contact my office at 361-694-9212. Sincerely, R. Xavier Gonza[ez Assistant Superintendent for Busi~ess Management RXG/bse Cc: Mr. Marvin Leafy Linebarger Goggan Blair & Sampson, LLP .500 North Water Street, Suite 1111 Corpus Christi, TX 78471 ITEM 51 Property location: ~ Property description Legal Description: Nueces County Appraisal District Number: Appraisal District value: Judgment amount: Minimum opening bid: Amount due paving/demo: ITEM 52 Property location: Property description Legal Description: Nueces County Appraisal District Number: Appraisal District value: Judgment amount: Minimum opening bid: Amount due paving/de,no: ITEM 53 Property location: Property description Legal Description: Nueces County Appraisal District Number: Appraisal District value: Judgment amount: Minimum opening bid: Amount due paving/demo: Property location: Property description Legal Description: Nueces County Appraisal District Number: Appraisal District value: Judgment amount: Minimum opening bid: ITEM 55 Property location: Property description Legal Description: Nueces County Appraisal District Number: Appraisal District wdue: Jndgment aln(lunt: Minimum opening bid: Amount due paving/demo: Picture Court, Corpus Christi, Nueces County Vacant lot with no access Tract "E', Lot 27, Block "H", Flour BluffEstates 2486-0008-0028 $4,737 $480 $240 Picture Court, Corpus Christi, Nueces County Vacant lot with no access Tract "D", Lot 27, Block "H", Flour Bluff Estates 2486-0008-0026 $4,737 $48O $240 $3,110.91 842 Utica, Corpus Christi, Nueces County Vacant tot Lot 13, Block 2, Waldron Subdivision 9146-0002-0130 $4,9O6 $18,500 $1,480 $6,931.44 Flour Bluff and Encinal, Corpus CtnSsti, NuecesCounty Prope~y has no access .54ACLot 23, Section 49, Flour Bluff&Encinal 2476-0049-2330 $15,706 $10,000 $4,720 Picture Court, Corpus Christi, Nueces County Property has no access Tract D, Lot 3, Block H, Flonr Bluff Estates 2486-0008-0036 $3,552 $1,070 $54O ITEM 56 -96- R2 32686 Page 1 of 1 NUECES COUNTY TRUSTEE (363463) FLOUR BLUFF & ENC FRM GDN TRACT .54 EX $0 901 LEOPARD AC OUT OF LT 23 SEC 49 DNECES COUNTY COURTHOUSE CORPUS CHRISTI, TX 75401 GNU, RFM, SJ, N/A CO3, JRC, FV 723 PURDUE - Imp HS - - - $8,146 Imp NHS - - - - Land HS - - - $7,560 Land NHS - - - - ©ate. PW ! . . . �-` '= A Mkt - 9 - - - 10/13/1999 3999045758 S/FULLER KIM J Ag Use - - - 06/27/1989 2163/WD595 O DOCHARTY MARGARET 0 - Tim Mkt - - - - Tim Use - - - - HS Cap Assessed $fl -9 -.___----__--- e-- -- $15,706 mCours..._ •,,,�d�yYtbtY Ex22 r ' ..,, `- ,,.. I1 22 4Hea r ahs -N. rns 20 �y a, ° RESIDEN=- 0 M=. MAIN AREA 1140 $0 C, GARAGE 320 $0 16 GAR 16 30 20 MA 46 8 - _ RESIDENTIAL L .5 0 16 30 4 Owner Information (363463) NUECES COUNTY TRUSTEE 901 LEOPARD NUECES COUNTY COURTHOUSE CORPUS CHRISTI, TX 78401 Improvement Images (R232686) XRef ID 2476-0049-2330 Situs Address 723 PURDUE There are 3 images associated with Improvements to this property. Click on an image to view it at full resolution. Cupvric�ht td 2001 The Sottware ©roup, Inc FII fights resewed. 4 Owner Information (363463) NUECES COUNTY TRUSTEE 901 LEOPARD NUECES COUNTY COURTHOUSE CORPUS CHRISTI, TX 78401 Sket149-2330 (R232686) Improvement 1 of 1 XRef Situs Address 2476- 723 PURDUE If you are not familiar with using the sketch read the instructions first. Type: Class: Area: Pedrreter. Value: Copyrlght ® 2801 The Software Grata, Jnc. M rights re,e,.d Page 1 of 1 I http://www.nuecescad.net/sketch. asp?nutnInip= I &cunimp=1 5/13/2003 ORDINANCE CONSENTING TO THE SALE OF.54 ACRE OUT OF LOT 23, SECTION 49, FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, TO FLOUR BLUFFINDEPENDENT SCHOOL DISTRICT FOR $4,720;AUTHORIZlNG THE NUECES COUNTY JUDGE TO EXECUTE A RESALE DEED; AND DECLARING AN EMERGENCY WHEREAS, the taxing authorities hold in trust .54 acre out of Lot 23, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, in the City of Corpus Christi, Nueces County, Texas, being described by metes and bounds in a deed recorded in Volume 2163 page 585 in the Deed Records of Nueces County, Texas, ("the property"); WHEREAS, the property adjoins the Flour Bluff lSD school complex next to the football stadium and Flour Bluff lSD desires to acquire this property for the benefit of its students; and WHEREAS, the City Council on April 15, 2003 in Ordinance 025257 authorized the resale of the property for minimum opening bid of $4,720; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi consents to the sale of .54 acre out of Lot 23, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, Corpus Christi, Nueces County, Texas, being described by metes and bounds in a deed recorded in Volume 2163 Page 585 in the Deed Records of Nueces County, Texas; also referenced in Nueces County Property Tax records as Tax Account No. 2476-0049-2330, to Flour Bluff Independent School District for $4,720. Out of this amount, the City will receive $1,460.04. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed for this property. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: May !5, 2003 Lisa Aguilar~'' Assistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor 16 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: __5-20-03 AGENDA ITEM: Item A: Ordinance appropriating $7,500 from the Chamber of Commerce Foundation in the No. 1050 Federal/State Grants fund for the funding of data collection and analysis activities at the Juvenile Assessment Center. ISSUE: In order to further develop and maintain the accountability-based sanction of court- ordered case management for municipal-level juvenile offenders, the Juvenile Assessment Center needs assistance with data collection and analysis. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate these funds. PREVIOUS COUNCIL ACTION: Council appropriated the grant funds for FY 2002. FUNDING: This is grant money from the Chamber of Commerce Foundation. CONCLUSION AND RECOMMENDATION: Staff recommends that the Council pass an ordinance authorizing the City Manager or his designee to appropriate funds from the Chamber of Commerce Foundation. Daniel L. Whitworth Director, Park and Recreation Attachments: "Exhibit A" - Background Information "Exhibit B" - Contract With Chamber of Commerce Foundation BACKGROUNDINFORMA~ON The Chamber of Commerce Foundation has received a Juvenile Accountability Incentive Block Grant, part of which is for the purpose of assisting the Juvenile Assessment Center in the development of accountability-based sanctions for at-risk youth. The City of Corpus Christi has therefore entered into a contract with the Chamber of Commerce Foundation to enhance data collection and a~nalysis at the Center with $7500 of this grant. This money for data collection is what enables us to provide the community with reports like the Juvenile Assessment Center FY 2002 Annual Report, which contain the information needed for community planning for youth across this community. Consultant & Professional Services Contract (Contract between Grantee and Third Party) GRANT NUMBER: JB-01-J20-16050-02 GRANTEE: Corpus Christi Chamber of Commerce Foundation GRANT PERIOD: 08/01/2002-07/31/2003 TITLE: Comprehensive Strategy YEARS FUNDED: 1 Development Program PROGRAM FUND: JB-Juvenile Accountability Incentive Block Grant POSITION TITLE: N/A (Professional Contract) SERVICE PROVIDER: City of Corpus Christi This contract is by and between Corpus Christi Chamber of Commerce Foundation, Corpus Christi, Texas, GRANTEE AGENCY and the City of Corpus Christi, SERVICE PROVIDER and in aid of CID Grant No. JB-01-J20-16050-02. It is understood by all parties that payment obligations created by this contract are conditioned upon the availability of State or Federal funds appropriated or allocated for the payment of such obligations. The term of this contract shall commence on August 1, 2002, and shall end on July 31, 2003, unless extended or terminated as otherwise provided for in this contract. 2. The GRANTEE AGENCY is responsible for closely monitoring the SERVICE PROVIDER and the exercise of reasonable care to enforce all terms and conditions of the grant. SERVICE PROVIDER agrees to fully cooperate in the monitoring process. 3. Requirements of the Uniform Grant Management Standards (UGMS) promulgated pursuant to Section 783, of the Government Code are adopted by reference as part of this contract, including the contract provision as in Section 36, Common Rule of OMB, of the above standards. The GRANTEE AGENCY SHALL: (Check one) X keep all project records, except those related to the services to be provided by the SERVICE PROVIDER. assist the SERVICE PROVIDER to establish a set of records that comply with the requirements of the grant and periodically inspect such records to ensure that they are properly kept. Records shall be retained for at least THREE (3) YEARS following the closure of the most recent audit report and until any outstanding litigation, audit or clai~n has been resolved. Records are subject to inspection by C.ID, or state or federal agency attthorized to respect the stone. The SERVICE PROVIDER will furnish the following: (Describe in detail) SERVICE PROVIDER agrees to provide thc following services in connection with said grant: Pr~ge 1 of 3 Purpose Area 2 Developing and administering accountability-based sanctions for juvenile offenders. This purpose area will be accomplished by conducting the following functions: · Providing assistance to the juvenile Assessment Center in developing and administering accountability-based sanctipns for juvemle offenders emphasizing substance abuse assessment and referral. · Providing networking opP~)rtunities to develop and administer accountability-based sanctions for juvemle offenders through the coordination of community plans. Output Measures Provide assistance to the JuVenile Assessment Center to develop accountability-based sanction programs for approximately 600 youth charged with truancy, curfew and/or minor substance abuse offenses. Outcome Measures Increase by 15% the number Of juveniles in which accountability sanctions for truancy, curfew or minor substance abuse offenses were applied by the Juvenile Assessment Center. Increase by 15% the number of juveniles processed by the Juvenile Assessment Center. Increase by 10% the number of juveniles assessed and referred on to other agencies in the community by the Juvenile Assessment Center. Increase by 0.5% school attendance rates for juveniles. Current Data According to the Juvenile Assessment Center FY 2001 Annual Report, the City of Corpus Christi Juvenile Assessment Center processed 671 juvenile intakes for truancy and curfew violations. The Juvenile Assessment Center assessed 205 juveniles in FY 2001. The Juvenile Assessment Center made 190 referrals to other agencies in FY 2001. Tar, get Levels Accountability based smaction l%r 100. The Juvenile Assessment Center will process 760 juvenilcs. The Juvenile Assessment Center will refer 210 juveniles to other agencies. 5. Payment for the above will not exceed $7,500. Page 2 qf3 Billing for the above will be provided in the same manner as it would be provided to institutional purchasers in the absence of a grant and shall consist of a brief statement of the service or other item provided and the basis for the billing rate. In the event of a default of the SERVICE PROVIDER, the GRANTEE AGENCY may cancel or suspend the contract and the SERVICE PROVIDER shall be entitled to recover for all services provided or materials delivered prior to the cancellation date (or unused materials may be returned) or shall repay any funds advanced for services not yet rendered. All licenses, legal certifications, or inspections required for the services, facilities, equipment, or materials, and all applicable state and federal laws and local ordinances must be complied with by the SERVICE PROVIDER. Failure to comply with this requirement shall be treated as a default. 9. This contract shall automatically terminate on the grant expiration date or any extension date thereof granted by CJD or upon termination of the underlying grant by CJD. All services billed hereunder must be rendered within the grant period. 10. If GRANTEE AGENCY fails to pay when due any of the payments required herein, the SERVICE PROVIDER shall be immediately and automatically released of any obligations under this contract. Date Signature o fA uthorized Official Date ! -- Mike Bermzzi, President Name & Title (please print or type) Dan Whitworth, Director, Parks & Recreation Name & Title (please print or type) Corpus Christi Chamber of Commerce Foundation Name of Grantee Agency P.O. Box 640 Address (street or post ojfice bor) Corpus Christi, Texas 78403 __ CIO,, State, Zip (361) 881-1800 Tel~phone ~ (include area code) City of Corpus Christi Name of Service Provider P.O. Box 9277 Address (street or post office box) Corpus Christi, Texas 78469-9277 C/O', State, Zip ~361 ) ~80 3464 ?el~7;hone # (include area code) Page 3 c~f 3 ORDINANCE APPROPRIATING COMMERCE FOUND~ GRANTS FUND FOR AND ANALYSIS ACT CENTER;AND DECL BE IT ORDAINED BY THI CHRISTI, TEXAS: SECTION 1. That a grant of I is appropriated in the No. 10,~ collection and analysis activit SECTION 2. That upon writtl copy attached, the City Coun need for immediate action ne 17,500 FROM THE CHAMBER OF ~,TION IN THE NO. 1050 FEDERAL/STATE THE FUNDING OF DATA COLLECTION VlTIES AT THE JUVENILE ASSESSMENT ~.RING AN EMERGENCY. CITY COUNCIL OF THE CITY OF CORPUS ;7,500 from the Chamber of Commerce Foundation 0 Federal/State Grants Fund for the funding of data es at the Juvenile Assessment Center. ~n request of the Mayor or five Council members, :il (1) finds and declares an emergency due to the ;essary for the efficient and effective administration of City affairs and (2) suspen, Is the Charter rule that requires consideration of and voting upon ordinances ~t two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretaw Samuel L. NeaI, Jr. Mayor APPROVED: May 14, 2003 For City Attorney 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 20,2003 AGENDA ITEM: Zoning Ordinance text amendment to the "B-2A" Barrier Island Business District in order to allow commercial development access local streets when not across from residential zoning. ISSUE: Current "B-2A" District prohibits commercial development from accessing local streets when not across from residential zoning. REQUIRED COUNCIL ACTION: Approval of the proposed Zoning Ordinance text amendment to the "B-2A" Barrier Island Business District and adopting the attached ordinance. PREVIOUS COUNCIL ACTION: In January 2000, the City Council approved a Zoning Ordinance text amendment to prohibit commercial development from accessing any local street and requiring a stucco wall along the local street frontage. FUNDING: None, CONCLUSION AND RECOMMENDATION: Planning Commission and Staff recommend approval of the proposed Zoning Ordinance text amendment to the "B-2A" Barrier Island Business District. Michael N. Gunning, AICP ~' Director, Planning Attach ments: Ordinance Letter from Padre Island Homeowner's Association BACKGROUNDINFORMATION Beginning in 1998, "B-2A" Barrier Island Business Distdct properties along a local street and across residential zoning were developed With commercial uses. This development brought commercial traffic in front of residentially zoneCproperties. The residential property owners and the Padre Island Property Owners Associatiop (POA) complained that this influx of commercial traffic was adversely impacting the residential~roperties and property values. In 1999, the Staff worked with the POA in developing restrictions/regulations that would allow the "B-2A" District properties to be de~eloped without adversely impacting the residential properties across the street. A text amendment was proposed that would allow commercial development on those "B-2A" District properties if the commemial development had access to another street, other than a local street. In January 2000, the text amendment was adopted that prohibited access to a local street from the "B-2A" Distdct property unless the property was developed with uses permitted in the "A-2" Apartment House District. Since the adoption of the text amendment, it has become apparent that the amendment prohibits commercial development onto a lecal street regardless of what is across the street. In some instances, the "B-2A" District property is across a local street from another "B-2A" District property. In these instances, the impact of c~ommercial traffic on commercial property would be negligible. "B-2A" District property owners complained about the merits of such a restriction when commercial property is across a local street from another commercial property. Staff concurred with the property owners and has prepared a text amendment to address their concerns. The proposed Zoning Ordinance text amendment to the "B-2A" District would modify the access prohibition. Access to a local street from commercial development would not be allowed IF the properties across the street were zoned for residential development. IF the properties across the local street were zoned for non-residential uses, the commercial development would be allowed access to the local street. The proposed text amendment also addresses the screening fence required along a local street. The amendment would require the screening fence when the commercial development is across a local street from residential property and not required when across from non-residentially zoned properties. Staff has shared the proposed text amendment with the POA, which has stated that they have no objections to the proposed amendment. On May 7, 2003, the Planning Commission held a public hearing to discuss the proposed amendment. The Commission u~animously approved the proposed text amendment with a provision that would allow the commercial property owners to provide pedestrian access from the residential area to their property. The proposed amendment includes that provision. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 13, "B-2A" BARRIER ISLAND BUSINESS DISTRICT; PROVIDING FOR SEVERANCE;AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council it's reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 7, 2003, during a meeting of the Planning Commission, and on Tuesday, May 20, 2003, for the first reading and on Tuesday, May 27, 2003, for the second reading, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 13, "B-2A" Barrier Island Business District, to read as follows: "ARTICLE 13. "B-2A" BARRIER ISLAND BUSINESS DISTRICT REGULATIONS Section 13-7 Access Restrictions. No direct access to a local residential street is allowed, except for uses permitted in the "A-2" Apartment House District. For the purposes of Article 13, a local residential street is a local street where fifty (50) percent of the linear frontage is zoned an "F-R", "RE", "RA", "R-lA", "R-1B", R- 1C", "R-2", "A-I", "A-IA", or '%-2" Districts. Section 13-8 Screening Requirements 13-8.01 Any use, other than a use authorized in an "A-2" Apartment House District, if adjacent to a local resi~pn_tial street, shall include a twenty foot landscaped setback area with a six foot stucco finish fence, described in Section 13-8.03. behind the landscaped setback area. A pedestrian access may be provided along the fence as long as the commercial pro~)__e~y is adequately screened from the residential area. C:\WIN DOWS\TEMP~,ARTICLE 13ACCESSORD DOC (A) The stucco fence shall extend the width of the lot and for a distance of fifteen (15) feet along the side lot lines. (B) The remainder of the side lot line must be fenced with either a stucco fence of the same design or a standard six (6) foot wood screening fence. 13-8.02 If any use, ¢ House District is a( then the rear lot lin described in Secti¢ fence. ther than a use authorized in an "A-2" Apartment acent to a lot that has access only to a local street, must be fenced with either a stucco fence as 13-8.03 or a standard six (6)foot wood screening SECTION 2. That the Zoning O~rdinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance arid any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereef be given full force and effect for its purpose. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. C:WVINDOWS\TEM P~ARTICLE 13ACCE SSORD DOC 04/25/03 09:43 FAX ~02 City am~u~ 5, 2003 ~Co~pus ~. Salda, The Pad ueut to ti Isles Property C~ Association has uo objeution to the proposed "B-2A" Barrier Isiand Business District regulation. 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation describing the 78415 Community Youth Development (CYD) Program. This program is funded by the Texas Department of Protective and Regulatory Services (TDPRS). See Previous Page STAFF PRESENTER(S): Name Title/Position Department 1. Daniel L. Whitworth 2. 3. OUTSIDE PRESENTER(S): Name Director Title/Position Park and Recreation Organization ISSUE: Special Request Update of the 78415 Community Youth Development Program. BACKGROUND: On May 27, 1997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the CYD Contract with TDPRS for the 78415 CYD Program, and executed a contract with TDPRS. The City Council also passed a resolution (#022938) establishing the CYD Steering Committee. Since then the City has served as the Fiscal Agent for the program and entered into subcontracts with many community agencies for CYD service. This year's subcontracts are with Communities In Schools, Inc., Park and Recreation Department, and Youth Odyssey, Inc. REQUIRED COUNCIL ACTION: None Daniel L. Whitworth, Director Park and Recreation Department Additional Background Exhibits , P~esentofi~ P~k and ~p~rment Com munity Youth bevebpment Progrom :Pr'o~ram ~bn~by the Texas~epo~trnent History of CYD In 1995 the 74th Texas Legislature allocated $10.5 million to the Texas Department of Protective & Regulatory Services (PRS) to fund the Community Youth Development (CYD) Program. Eleven counties with the highest violent juvenile crime rates were identified for CYD funding. · Within each of the 11 counties, the ZIP Code with the highest juvenile probation referral rate was identified as a CYD site. The 78415 ZIP Code area was identified as the CYD site within Nueces County. History continued... In June f997 the City of Corpus Christi assumed the role of FiScal Agent. Since 1997 I~RS has awarded each site $500,000 annually an~ has added four sites (total of 15). · PRS has requested that funds for the CYD Program continue through FY2004. Long- term funding is subject to legislative determination. The 7841§ CYD Program in Corpus Christi Youth ages 17 and younger and their families, living in or attending school in 78415 are eligible to receive CYD services, free of charge. Over 6,828 unduplicated youth and their family members have received services from 2000-2003, since the activation of a database. The 78415 CYD Steering Committee · The CYD Steering Committee recruits applicants from the community for any vacancies in membership. · At least 51% of the CYD Steering Committee members must live in 78415. · Persons recruited must submit an application to the City Secretary. In adhering to municipal policy, the City Council appoints members to the CYD Steering Committee. · The Steering Committee consists of 11 members, with currently 10 active members, with two youth serving on the Committee 5 What does the 78415 CYb Steering Committee do? Mission Statement "To enhance youth self-worth, we select life skills educational programs for 78415 families which provide mentoring, recreational activities, education, and employment training." Conduct on-going community needs assessment Review RFP Process - Procurement and Evaluation RespOnsibilities of the CYb 5~eering Committee Assess the nee~ls and strengths of the local community to identify gaps~n youth services Review and evaluate proposals submitted by prospective service provider · Make service selections based on objective evaluation of proposals · Review effectiveness of programs in meeting identified needs and gaps in service 7 Responsibilities of YA¢ Youth _Advisory _Committee · Serve as the "yOuth voice" of the 78415 area Ensure a youth perspective by serving on the Steering Committee (all members must live in, or attend school in the 78415 ZIP Code) · Assist in assessing community needs and strengths · Provide community outreach and publicize program services with emphasis on the youth population Provide leadership opportunities for youth to serve their community Designate representatives to attend the annual CYD Teen Summit 78415 CYO Program Service Providers: 2002-2003 • Communities In Schools -$356,325 Mentoring, Activities, Employment, Youth Leadership • Park and Recreation -$20,636 Summer Youth Program • Youth Odyssey -$35,765 Adventure Challenge Program Total Number of Applicants: 8 The 78415 CYC) Program in 2002=2,003! Youthh®yssey. COMM UN I I IS N SCHOOLS i. i City of Corpu ChM Park & Recreation E r Ax r M__ 10 19 NO ATTACHMENT FOR THIS ITEM 20 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 20, 2003 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's Designee to submit an application to serve as the Fiscal Agent for the Texas Department of Protective and Regulatory Services (TDPRS) FY 2003-2004 Community Youth Development Program (CYD) in the amount of $500,000 ISSUE: TDPRS anticipates continued funding for the Community Youth Development (CYD) Program in various cities throughout the state. The City of Corpus Christi may apply for an eighth year o f funding in the amount of $500,000 for Fiscal Year 2003-2004 to be used for programs in the 78415 ZIP Code area. The City serves as the Fiscal Agent and not the Grant Administrator as in other program areas. The 78415 CYD Steering Committee has utilized an objective consensus- scoring tool for all proposals submitted. Their recommendation to the City Council is based on many hours of review and consideration. Any changes to the Steering Committee's recommendation by the Fiscal Agent will cancel any contract with TDPRS for 78415 CYD Program funds for Fiscal Year 2003-2004, and the 78415 ZlP Code area will not receive any funding. In order to be considered for funding in Fiscal Year 2003-2004, proposals must be delivered to TDPRS by Tuesday, July 1, 2003. BACKGROUND INFORMATION: On May 27, 1997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the CYD Contract with TDPRS for the 78415 CYD Program, and executed a contract with TDPRS. The City Council also passed a resolution (#022938) establishing the CYD Steering Committee. Since then the City has served as the Fiscal Agent for the program and entered into subcontracts with many community agencies for CYD service. This year's subcontracts are with Communities In Schools, Inc., Park and Recreation Department, and Youth Odyssey, Inc. REQUIRED COUNCIL ACTION: Authorization to submit an application to serve as the Fiscal Agent for TDPRS FY 2003-2004 CYD Program in the amount of $500,000. PREVIOUS COUNCIL ACTION: On May 27, 997 the City Council approved a transfer agreement with thc Worklbrce Development Corporation pertaining to the CYD Contract with TI)PRS for the 78415 CYD Program. and executed a contract with TDPRS; the City Council als() passed a resolution (#022938) establishing the CYD Steering Connnittee. From 1997 to 2003, the City Council has approved submission of the proposal for CYD Programs and has appropriated funding for thc grant. CONCLUSION AND RECOMMENDATION: The 78415 CYD Steering Committee used a comprehensive process for their consideration of five separate program proposals. The Steering Committee members began the process by reviewing each proposal using a specifically developed evaluation form. Then all Steering Committee members met and reached a consensus on all proposals. Funds were then allotted beginning with the highest ranked proposal until all the available funds were distributed. The CYD Steering Committee approved the program package in a special called meeting on May 9, 2003. The CYD Steering Committee recommends that the City Council approve the submission of an application for the City of Corpus Christi to serve as the Fiscal Agent for TDPRS FY 2003-2004 CYD Program in the amount of $500,000. Daniel L. Whitwortb. Director Park and Recreation Department Attachments: Resolution BACKGROUNDINFORMATION In March 2003, Texas Department of Protective and Regulatory Services (TDPRS) informed all Community Youth Development (CYD) contractors (including the City of Corpus Christi) of the anticipated funding level ($500,000) for Fiscal Year 2003-2004. In preparation, the City, as current Fiscal Agent, called for proposals from the community. Public notice of this was advertised in the newspaper on January 25 and February 1, 2003 and all current subcontractors were informed. The 78415 CYD Steering Committee received four hours of intensive training in the consensus scoring process from State-sponsored trainers after a careful refinement of the Request for Proposal and Evaluation Tool. The Steering Committee received proposals during the first week of March 2003 and began their review for the Fiscal Year 2003 - 2004. After reviewing the five proposals submitted, the Steering Committee scheduled two consecutive Thursday special called night meetings to complete the consensus scoring process for all five proposals. On April 24, 2003, the 78415 CYD Steering Committee voted to recommend the following proposals for submission to TDPRS: Boys and Girls Club of Corpus Christi After-school & Summer Youth Program $ 54,014 Communities In Schools Mentoring, Activities, and Pre-employment Program $ 284,007 Park & Recreation Department Summer Youth Recreation Program $ 25,201 YMCA $ 44,176 Youth Leadership Fiscal Agent (contract managcnlcnt $ 92,602 TOTAl. $ 500,000 The proposals must be received by TDPRS by July 1,2003 in order to be considered for funding under the CYD Program. According to Tl)PRS policy guidelines for the CYD Program, it is not within the Fiscal Agent's power to adjust or amend the funding recommendation of the Steering Committee. Any changes to the Steering Committee's recommendation by the Fiscal Agent will cancel any contract with TDPRS for the CYD Program and the 78415 ZIP Code area will not receive any funds. In 1995, TDPRS developed a progr crime areas of the state by ZIP Cod~ currently available within the local ~ youth ages 17 and under. Eligible a( activities, employment or education tm to fired local grass roots efforts in the highest juvenile :. The program sought to create activities that were not 8415 ZIP Code area. These activities were made available to tivities must fall within the following categories: mentoring, In FY 1998-1999, thirteen ZIP Codes in thirteen cities (McAllen, Galveston, El Paso, Amarillo, Corpus Christi, Brownsville, Austin, Houston, Fort Worth, Dallas, San Antonio, Waco, Lubbock) each received $500,000 to either continue the same youth programs started the previous year or begin new programs. For FY 19974 998, CYD programs for the 78415 ZIP Code expended $511,747.91 of the $566,764.40 a~arded. The total subcontractor participant goal of 3,718 was surpassed as 9,095 youth were served cumulatively during the 1997-1998 fiscal year, September 1, 1997 to August 31, 1998. On June 23, 1998, the City Council approved nine programs locally. These programs were the Mentoring and Activities Program with Communities In Schools, the Summer Activities Program with the Park and Recreation Department, the Computer Outreach Program with the Corpus Christi Public Library, Community Connection Volunteers and ROPES Program with C.C.I.S.D., the Project Jumpstart with the Volunteer Center of the Coastal Bend, the YTeen Program with the YWCA of Corpus Christi, the 78415 Girl Scout Troop Program with the Paisano Girl Scout Council and Camp Genesis with the Corpus Christi Housing Authority. Services began on September 1, 1998. In December 1998, TDPRS informed all CYD contractors of an opportunity to receive up to an additional $32,600 to add new programs for youth services in the 78415 ZIP Code. Public notice of the request for proposals was advertised in the newspaper and proposal request packets were mailed to outside organizations and all current subcontractors. On February 16, 1999, the City Council approved the programs recommended by the CYD Steering Committee to create additional services for the youth in the 78415 ZIP code. These programs were Family Camping Weekend and Riding Camp provided by the City of Corpus Christi Park and Recreation Department and a Summer Academic Camp provided by Fannin ElementaD, School (Corpus Christi Independent School District). With the additional funding, the CYD Program totaled $ 532,600 for Fiscal Year 1998- 1999. For thc cumulative period September 1. 1998 to Angust 31. 1999. 12.706 youth were served by the 78415 CYD programs, greatly surpassing the subcontractor goal of 4.048. On June 22, 1999, thc City Council approved 5 programs fbr Fiscal Year 1999-2000 totaling $500,000. These programs x~ere the 78415 Troop Program with the Girl Scouts Paisano Council, thc Family Matters/Project JumpStatrt Program with thc Vohmtecr Center ol'the Coastal Bend. and the Adventure Challenge Program with Youth Odyssey, luc. Services began on September 1, 1999 and ended August 31, 2000. Cumulatively, 4,333 youth were served by the 78415 CYD program. On August 22, 2000, the City Council approved 4 programs for Fiscal Year 2000-2001 totaling $500,000. These programs were the Mentoring and Activities Program with Communities in Schools, Inc., the Recreation Center Program with the Housing Authority of Corpus Christi, the Youth Recreation Program with the Park and Recreation Department. Services began on September 1, 2000. 6,851 youth were served by 78415 CYD program for the cumulative period September 1, 2000 to August 30, 2001. On August 21,2001, the City Council approved 4 programs for Fiscal Year 2001-2002 totaling $500,000. These programs were the Teen Club Program with the Boys and Girls Club, the Mentoring and Activities Program with Communities in Schools, Inc., the Youth Recreation Program with the Park and Recreation Departmem, and the Adventure Challenge Program with Youth Odyssey, Inc. For the cumulative period September 1, 2001 to April 30, 2002, 5,220 youth were served by 78415 CYD program. On March 19, 2002, the City Council approved $1,665 in funding fi.om TDPRS for youth to attend a leadership development conference. Seven members of the 78415 Youth Advisory Committee and three adult sponsors will travel to Ft. Worth, Texas in July 2002 to attend the 4th Annual CYD Teen Summit held at Texas Christian University. On August 20, 2002, the City Council approved 3 programs for Fiscal Year 2002-2003 totaling $500,000. These programs are Mentoring and Activities Program with Communities in Schools, Inc., the Summer Youth Recreation Program with the Park and Recreation Department, and the Adventure Challenge Program with Youth Odyssey, Inc. For the cumulative period September 1, 2002 to present, the 78415 CYD program has served 6,828 youth. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT AN APPLICATION TO SERVE AS THE FISCAL AGENT FOR THE TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES' FY 2003-2004 COMMUNITY YOUTH DEVELOPMENT PROGRAM IN THE AMOUNT OF $500,000 NOW, THEREFORE, BE IT RE~ CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager an application to serve as the Fi Regulatory Services' FY 2003-2, amount of $500,000. This appli~ Community Youth Development ATTEST: Armando Chapa City Secretary ~OLVED BY THE CITY COUNCIL OF THE CITY OF or the City Manager's designee, is authorized to submit ~cal Agent for the Texas Department of Protective and )04 Community Youth Development Program in the :ation has been recommended by the 78415 Steering Committee. THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor APPROVED: 15th day of May, 2003. R. J~ .~ining / ' Acting'City Attol:ney R32719A1.doc 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: _5~20~03_ AGENDA ITEM: Resolution supporting the request of Admiral Linen Service, Inc. to the City of Corpus Christi Business and Job Development Corporation for business incentives of approximately $400,000 to improve water and sewer mains to provide service to Admiral Linen Service, Inc. at 4353 Baldwin, subject to negotiation and execution of contract documents. ISSUE: Admiral Linen Service, Inc. (ALS) has requested assistance to locate a commercial laundry processing facility in Corpus Christi, creating 150 full-time jobs with an average wage of $8.50/hour. The Business & Job Development Corporation (4A Corporation) Board has approved the incentive in concept and will be presented contract documents for consideration within the next few weeks. ALS must close on the property on Baldwin early next month, and would like assurances regarding incentive approval by the Council contingent upon final execution of necessary contract documents. The incentive requested by ALS is valued at approximately $400,000 for extension of larger utilities lines to the facility. Currently, it is conceived that the City will actually contract to perform this work, then receive a $100,000 reimbursement from the 4A Corporation for its share of the project incentive. REQUIRED COUNCIL ACTION: If Council approves the Resolution as presented, staff will present contract documents to the 4A Corporation Board within the next 30 days for consideration prior to forwarding these documents to Council for final approval. These documents will be an agreement between Admiral Linen Service, Inc. and the 4A Corporation, as well as a separate project agreement between the City and the 4A Corporation which outlines responsibilities of each party in administering incentives. PREVIOUS COUNCIL ACTION: 5/13/03 - Adoption of new Guidelines & Criteria for Granting Business Incentives. 5/13/03 - Adoption of 16 month budget for Business & Job Development Corporation. FUNDING: None at this time, although funding is being sought in the amount of $100,000 from the Business & Jobs Development Corporation and approximately $300,000 from Water and Wastewater Funds. Actual funding will be presented for approval along with contract documents. CONCLUSION AND RECOMMENDATION: Approval of Resolution as presented. Mark~_. McDani~l Director of Management & Budget Attachments: Resolution RESOLUTION SUPPORTING THE REQUEST OF ADMIRAL LINEN SERVICE, INC. TO THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION FOR BUSINESS INCENTIVES OF APPROXIMATELY $400,000 TO IMPROVE WATER AND SEWER MAINS TO PROVIDE SERVICE TO ADMIRAL LINEN SERVICE, INC. AT 4353 BALDWIN, SUBJECT TO NEGOTIATION AND EXECUTION OF CONTRACT DOCUMENTS WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed Proposition 2: New and Expanded Business Enterprises which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years, WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Board of Directors of the City of Corpus Christi, Texas Business and Job Development Corporation on May 5, 2003 adopted the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's Guidelines and Criteria for Granting Business Incentives on May 13, 2003; WHEREAS, Admiral Linen has submitted a proposal to the City of Corpus Christi Business and Job Development Corporation to request business incentives of approximately $400,000 to improve water and sewer mains to provide service to Admiral Linen Service at 4353 Baldwin which will enable Admiral Linen to create 150 full-time jobs in the City of Corpus Christi, Texas, with average non-managerial wage of $8.50 per hour; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION '1. That City Council of the City of Corpus Christi Texas supports the request for business incentives submitted by Admiral Linen Service, Inc. to the Corpus Christi Business and Job Development Corporation, subject to negotiation and execution of contract documents. Corpus Christi Regional Eeonomic Development Corporation One Shoreline Plaza 800 N Shoreline Suite 1800 8outh Corpus Christi TX 78401 Phone 861-882-7448 Fax ~67882-9930 TO: Dr. John Richards, Chairman Board of Directors City of Corpus Christi Business and Jobs Development Corporation FR: Ray Hayes, Chairman Corpus Christi Regional Economic Development Corporation DT: 4/29/03 RE: Admiral Linen Service, Request for Assistance Dear Dr. Richards: On April 17, 2003, the Board of Directors of the Corpus Christi Regional Economic Development Corporation voted unanimously to encourage the Business and Jobs Development Corporation to fund the request made by Admiral Linen Service for up to $400,000 for the design and construction of infrastructure which will allow them to establish a new plant in Corpus Christi. The new jobs and investment being made by Admiral Linen are important to this community. It is particularly relevant that the new jobs and investment are being made in area of the city that does not typically see this type of economic activity. Enclosed you will find the support information that we believe justifies your investment. Should you have any questions or concerns, please contact me at your convenience or our CEO, Ron Kitchens. Respectfully yours, Chairman of the Board Proposal to Grant Incentive Funds To Assist Admiral Linen Service Introduction Admiral Linen Service was founded in 1948 in Houston, Texas by John Trimble. The company has grown steadily for more than 55 years under the guidance of the Trimble family. Admiral Linen Services has multiple Texas locations, which serve more than forty other cities. Scope of the Project If the proposed incentive is granted, the company will proceed with the consolidation of a new processing and distribution center that will serve all of south Texas, from Victoria, to Laredo to San Antonio and the Rio Grand Valley. The details of the project are as follows: Total Direct Jobs: 150 Average Non Managerial Wage: $8.50 per hour Location: 4353 Baldwin 60,000 square foot former paper warehouse. Company would expand the facility to 80,000 square feet. Investment: $3,300,000 Economic Impact As shown in the enclosed economic impact analysis, as performed by Impact Data Source of Austin Texas, the project as a net benefit in terms of new revenue to the City of Corpus Christi of $2,195,760 over the first ten years. Incentive Requested Admiral Linen Service has requested that the water and sewer mains that provide service to 4353 Baldwin be expanded to meet their demand requirements. The City of Corpus Christi Department of Development Services estimates that the cost to provide this service will not exceed $400,000. An estimate of the costs is attached as part of this presentation. Incentive Criteria Based on the most recent criteria established, this project fully meets the standards established. Primary Employer · 75% of the company's sales will be outside of a 50 mile radius. Goals · Creation of Jobs -The Company will create 150 direct jobs and 91 indirect jobs. · Expand the Tax Base - The Company will directly invest $3,300,000, all of which is taxable. Strengthen and DiVersify Primary Employers - The Company is investing in an area of town that is in need of investment and job creation. The addition of a manufacturing and distribution facility of this type is desirable for the community as a whole. Authorized Incentive · The incentive requested is an enhancement to the municipally owned water and sewer system, thus it meets the criteria of public infrastructure. Location · The proposed facility is located within the city limits of the City of Corpus Christi. Wage Requirement With an average non managerial wage of $8.50 per hour, the company is paying in excess o~ $1.40 per hour above the median per hour income of the neighborhood. Incentive Value The incentive requested is $2,667 per job. At this rate the incentive requested is nearly half of the Board's established maximum incentive per job. Water Line Extension Admiral Linen has a requirer~ent for water capacity of 17,400 gallons per hour with a sewer discharge of 300 gallons per minute. According to Mr. Art Sosa, city engineer, existing water and Wastewater utilities will not adequately serve the building while supporting other water uses on the same existing line. Therefore the existing 8" lines should be upgraded to a 10" - 12" service line. The existing neighborhood iS made up of small manufacturers, distributors, office and public warehouse companies. With this upgrade, not only will local business see improvement in water service but will enjoy increased fire protection for property owners. Cost of Incentives: (1) 10" or 12" Water Line Extension $181,825 10" or 12" PVC Sanitary Sewer Line $116,750 Additional cost that may occur, replacement of Curb, gutter, sidewalk, driveways, pavement Repairs, utility relocation, permits, filing fees, utility by separate instrument, engineering fees. $100,000 Total Estimate $398,575 (1) Please review attached detailed estimate per city engineer. Admiral Linen The presence of a manufacturing facility on the cities West side (4353 Baldwin) will aide in improving an area Of economic distress by creating 150 jobs. According to the Texas Workf0rce Commission, the unemployment rate within the Renewal Community sector in which Admiral Linen is located is over 19%. The Corpus Chr sti MSA uner~ployment rate is 6.4%. Furthermore, TWC has over 3,000 applicants on file ~ho are actively seeking this type position at the hourly wage of $8.50. Over seventy thousand residents reside within three miles of the new proposed facility. 35% of the populatioq has less than a ninth grade education, 21% has some high school but no diplc~ma and 22% have a high school diploma or a GED. With minimal skill sets require~d, over 55% of the workfome without a high school diploma can obtain a job that pays above the minimum wage average. Sitereports.com, a leading soUrce of demographic information has indicated that the median household income average is $26,755. 22,356 households exist within the three mile radius of which 72% are family households with an average size of 2.99 people. The enclesed demographics indicate that there are 1.8 workers per household in this. neighborhood, which indicates a median per hour wage of $7.16. The starting wage of Admiral Linen Service of $8.50 per hour is 16% higher than the current neighborhood levels. The Regional Transit Authority has several bus stops along Baldwin, Leopard and Agnes. The nearest bus stop that serves Admiral Lines is located one block away. Buses pass though Baldwin bus stop every 25 minutes. Admiral Linen is a strong company that will have a positive effect on the cities West side economy. Availablle labor, mass transportation and the need for such an employer in the area makes this a perfect match. Above average minimum wage jobs will help reduce the poverty levels on the cities West side. 9% of married couples with children in this area have incomes below the poverty level. Single moms with children make up 15% of incomes below the poverty level. 22 AGENDA MEMORANDUM Date: May 20, 2003 AGENDA ITEM: Amending Sectionsi23-70 and 23-71 of the Code of Ordinances relating to notice and obtaining liens for City expenses to remedy violations; providing for an effective date; providing for severance; providing for publicati~on. ISSUE:. To amend Code of Ordinances to reduce required number of violation notices and to amend the process of assessing liens and collecting City expenses to remedy violations. PRIOR COUNCIL ACTION: None REQUIRED COUNCIL ACTION: Approval FUTURE COUNCIL ACTION: None RECOMMENDATION: To approve the Ordinance as recommended. 'Ma~ Domil~gu~z,"HCD Depe~tme~ctor ADDITIONAL SUPPORT MATERIAL Background Information Ordinance BACKGROUND INFORMATION The problem of high weeds and o~er unsightly matter is an on-going problem for the City of Corpus Christi. Currently, the City S Health and Sanitation Code of Ordinance Section 23-71 Procedures as to cutting or removal of weeds, rubbish, brush, etc. is as follow: Should any owner of any lot Within the city upon which lot weeds, rubbish, brush or any other unsightly, objectionable ~3r insanitary matter grows or accumulates or may be, fail or refuse to cut down or remove Such weeds, rubbish, brush or other unsightly, objectionable or insanitary matter, as the case may be, within ten (10) days after personal notice to such owner to do so, in writing, or by letter addressed to the owner at the owner's post-office address, or if personal service cannot be obtained or if the owner's post office address is unknown, within ten (10) days after notice by publication as many as two (2) times within ten (10) consecutive days in any newspaper in the city, or within ten (10) days after notice by posting the notice on or near the front door of each building on the property to which the violation relates, or if the property contains no buildings, by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, the city may then do such cutting down or removing such weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter or cause the same to be done and may pay therefore, and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or real estate. If the work is done or improvements made at the expense of the city, then expense for the work or improvements shall be assessed on the real estate or lot upon which such expense was incurred. In a concerted effort to deter the on-going problem of high weeds, the Code Enfomement Division, under the direction of Housing and Community Development, proposes to implement the following changes: 1) Change the current ordinance to give one notice annually, which would cut out 10 days in the notification requirement to the property owner(s). Eight out of eight cities polled give one notice only; Amarillo, Brownsville, Dallas, Ft. Worth, Garland, McAIlen, Port Arthur, and San Angelo. Once the property owners are notified and are found to be in violation again, a work order can be issued tO clear the property without further notification. 2) Continue the process of placing liens on properties. If violators fail to pay charges within thirty (30) days, a lien will be filed and fines assessed will not be less than the City's costs. AN ORDINANCE AMENDING SECTIONS 23-70 AND 23-71 OF THE CODE OF ORDI- NANCES RELATING TO NOTICE AND OBTAINING LIENS FOR CITY EXPENSES TO REMEDY VIOLATIONS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 23-70 of t~he City Code of Ordinances is revised to read as follows: "Sec. 23-70. Proc~d~re ,=o t,., ,,=,,,~,,,=~ ,.,f ,.,,,,,.,,,, ,,,,,,, =,,.. Work or Improvements by Municipality. "(a) If the owner of property in ~he municipality does not comply with a municipal ordinance or requirement relatipg to stagnant water, filth, carrion, weeds, rubbish, brush, and other objectionable, unsightly, unwholesome, or unsanitary matter, or conditions under this chapter within seveR (7) days of notice of a violation, the Director of Public Health, the Director of Housinq; and Community Development, or the Director of Solid Waste Services, or their designees, may: "(1) Do the work or make the improvements required; and "(2) Pay for the work doge or improvements made and charqe the expenses to the owner of the property. "Lb) The notice must be qiven: "(1) Personally to the owner in writing; "(2) By letter addressed toithe owner at the owner's address as recorded in the records of the appraisal district in which the property is located; or "(3) If personat service car~not be obtained, notice to the property owner must be: "(A) By publication ~t least once; "(B) By postinq the inotice on or near the front door of each bu ding on the property to Which the violation relates; or "(C) By posting thei notice on a placard attached to a stake driven into the qround oni the property to which the violation relates. "lc) If the Director of Public Health the Director of Housing and Community l~evelopment, or the Director of ~Solid Waste Services, or their designees, mails a notice to a property owner in accordance with subsection (b)(2) of this section and the United States Postal Service returns tho notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered delivered. "(d) In a notice provided under this section, the Director of Public Health, the Director of Housing and Community DevelOpment, or the Director of Solid Waste Services, or their desiqnees, may inform the owner by regular mail and a posting on the property, or by personally delivering the notice,~that if the owner commits another violation of the same kind or nature that poses a dangler to the public health and safety on or before the first anniversary of the date of the notice, the Director of Public Health, the Director of Housing and Community Development, or the Director of Solid Waste Services, or their desiqnees, may correct the violation, without further notice, at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the Director of Public Health, theDirec- tor of Housinq and Community Development, or the Director of Solid Waste Services, or their desiqnees, has not been informed in writinq by the owner of an ownership change, then the municipality without nqtice may take any action permitted by Subsections (a)(1) and (2) and assess its expenses as provided by Section 23-71 ." SECTION 2. Section 23-71 of the Code of Ordinances is revised to read as follows: "Sec. 23-71.-Procedure ,o to cutting or remov~l of weeds, _..,.~:_L L .... L _,_ Assessment of Expenses; Lien. "(a) The City Council may asse~s expenses incurred under Section 23-70 a,qa nst the real estate on which the work isi done or improvements made. "(b) To obtain a lien against thei property, the Director of Public Health, the Director of Housin~l and Community DevelCpment, or the Director of Solid Waste Services, or their designees, must file a statemeqt of expenses incurred by the City with the County Clerk of Nueces County. The lien statement must state the name of the owner, if known, and the leqal description of the proplerty. The lien attaches upon the filing of the lien statement with the County Clerk. "(c) The lien obtained by the Ci~ is security for the expenditures made and interest accruing at the rate of 10 percept on the amount due from the date of payment by the City. '(d) The lien is inferior only to: "(1) Tax liens; and "(2) Liens for street improvements. "(e) The City Attorney may bring a suit for foreclosure in the name of the City to recover the expenditures and interest due. "(f) The City Attorney may foreqlose a lien on property under this section in a proceeding relatin;I to the property brought under Subchapter E, Chapter 33, of the Tax Code, as it may be amended. "(g) The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the City in doin~l the work or makinq the improvements. "(h) The remedy provided by this section is in addition to any fines or civil penalties that may be assessed." SECTION 3. The provisions of this ordinance take effect on August 1, 2003. SECTION 4. If, for any reason,~ any section, paragraph, subdivision, clause, phrase, word or provision of this ordinaOce shall be held invalid or unconstitutional by final judg- ment of a court of competent jL~risdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, wc of the City Council that every sE sion hereof shall be given full f( SECTION 5. Publication of thi,, City of Corpus Christi as requir~ Texas. 'd or provision of this ordinance, for it is the definite intent ~ction, paragraph, subdivision, phrase, word and provi- ,rce and effect for its purpose. ordinance shall be made in the official publication of the ;d by the City Charter of the City of Corpus Christi, Corpus Christi, Texas The foregoing ordinance was read for the first time and passed to its second reading on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ., 2003, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett ,2003, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED on the ATTEST: day of ,2003. CITY OF CORPUS CHRISTI Armando Chapa City Secretary for the City Attorney Samuel L. Neal, Jr. Mayor ,2003. 23 CITY COUNCIL AGENDA MEMORANDUM Date: May 20, 2003 AGENDA ITEM: Resolution adopting~he FY2003 Annual Action Plan which includes the CDBG, ESG and the HOME Prog~'ams; authorizing the City Manager or his designee to submit the FY2003 Annual ACtion Plan to the U.S. Department of Housing and Urban Development; and abthorizing the City Manager or his designee to make changes in the FY2003 Annual Action Plan if required by the U.S. Department of Housing and Urban Development. Resolution adoptingithe City of Corpus Chdsti's five-year FY2003-2007 Consolidated Plan; authorizing the City Manager or his designee to submit the five-year FY2003- 2007 Consolidated Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the five-year FY2003-2007 Consolidated Plan if required by the U.S. Department of Housing and Urban Development. ISSUE: HUD regulations require adoption of the FY2003 Annual Action Plan and five-year FY2003-2007 Consolidated Plan. PRIOR COUNCIL ACTION: On December 12, 2002, the City Council adopted the FY2003 Consolidated Plan/Annual Action Plan timetable. On May 13, 2003, the City Council held a public hearing as part of the Citizen Participation Process for projects to be considered and funded through the FY2003 Annual Action Plan which is the first year of the FY2003-2007 Consolidated Plan. The FY2003 Annual Action Plan and the five-year FY2003-2007 Consolidated Plan are concurrently being developed. REQUIRED COUNCIL ACTION: Final adoption and submission of the FY2003 Annual Action Plan and five-year FY2003-2007 Consolidated Plan. FUTURE COUNCIL ACTION: Acceptance of HUD funds for the FY2003 Annual Action Plan and subsequent appropriation of funds for the FY2003 Annual Action Plan Program. RECOMMENDATION: Staff recommends adopting the FY2003 Annual Action Plan and the five-year FY2003-2007 Consolidated Plan for Community Planning and Development Programs; authorizing the City Manager or his designee to submit the FY2003 Annual Action Plan and the five-year FY2003-2007 Consolidated Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes to the FY2003 Annual Action Plan and the five-year FY2003-2007 Consolidated Plan if required by the U.S. Department of Housing and Urban Development. A D,T.O.A. SU..O.TMATE.,A' Background Information Mary~o~ing~ez, HCD ~epa~.~rt'~irector Attachment D HUD regulations require the development of a five-year FY2003-2007 Consolidated Plan that will bring needs and resources to ether and must be developed to achieve the goals that will principally serve Iow to mode rate-income persons and to provide decent housing, a suitable living environment and exp 2007 Consolidated Plan has been applicable resources to meet those A one-year FY2003 Annual Action assisted with funds received under t help to meet housing and communi ~nd economic opportunities. The five-year FY2003- developed that will identify community needs with needs. Plan will describe the activities and projects to be ~e CDBG, HOME, ESG and other HUD programs that 'development objectives. The City of Corpus Christi is requlred to receive comments on the proposed five-year FY2003-2007 Consolidated Plan and the FY2003 Annual Action Plan for at least 30 days. Comments received will be mcludeCand submitted to HUD. The FY2003 Annual Act~o Plan identifies project/activities to be assisted, housing activities to be undertaken, and the programs and resources (Federal, Non-Federal public and private) in support of those activities. The City received notice in January 2003 that its allocation for the FY2003 Program was $6,251,562. The all(~cation includes $4,219,000 for CDBG; $1,862,562 for HOME and $170,000 for ESG. The FY2003 Annual Action Plan and five-year FY2003-2007 Consolidated Plan will be submitted to the U.S. Department of Housing and Urban Development (HUD) by June 16, 2003 for review and approval for tl~e period August 1, 2003 through July 31, 2004, and August 1,2003 through July 31, 2008, respectively. Attached is a listing of FY2003 Annual Action Plan projects/activities tentatively adopted at the public hearing on May 13, 20(33 for the CDBG, HOME and ESG Programs for your consideration and approval. Revised 05-1303 ATTACHMENT "D" (~ITY OF CORPUS CHRISTI FY2003 ANNUAL ACTION PI.AN APPROVED FY2003 CDBG PROGRAM Business Resource Center - Currant Project fandlng O $110,000 Fha City of Corpus Christi Business Resoume Center is requesting funding for operational expenses including staff salaries 1 ;~nd benefits for 3 people and administrative costs. The mission of the BRC is to promote the growth of small businesses $110,000 ~y providing information and technical assistanca on contracting opportunities, certifications, financing, bonding, insurance ~usiness planning, and marketing. DDBG Program Administration - Currant Project funding @$455,600 ~dministrative cost covers the staff salaries. The staff is responsible for administering the Community Development Black ,.'~rant (CDBG), the HOME Investment Partnership (HOME) and the Emergency Shelter Grant Programs. The staff 2 ,ntarprets CDBG, HOME, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and $453,364 activities to determine funding eligibility, monitors Subrecipients, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon federal wage rate requirements. City of Corpus Christi - Public Facilities and ImProvements - New Project 3 This project cost will cover design, engineering, cOnsulting, and contingency of facility barrier moval/improvements. See $5~9,805 Bxpended worksheet Clearance of Vacant Properties Program - NeW Project The activity will entail the clearance of vacant properties by the removal of weeds, rubbish, brush, junk accumulation, and other 4 unsightly, objectionable or unsanitary matter. The properties will be bid out to contractor to clear the properties. Liens will $164,595 be placed against the properties to cover the costs incurred. Code Enforcement Program - Current Project funding @ $109,938 The salaries of four (4) code enforcement inspectors and 1/2 salary of a cterk will be funded in the amount of $161,701.40. Funds in the amount of $125,408.58 will be used for program delivery costs. The inspectors are responsible for inspecting 5 properties within the CDBG target area for violation of city code and health ordinances. Inspections are conduced on $262,110 ~articular violations. The inspectom will also implf~ment a comprehensive approach to coordination of multi-departmental teams of city services and programs to address specific needs of each neighborhood. Comprahenslve Planning Asalstance - Current Project funding @ $75,000 The Comprehensive Planning work product for F¥03-04 will be to create a comprehensive draft revision to the Corpus Christi Policy Statements. The Corpus Christi Policy Statements were adopted by City Council in 1987 and have not been 6 comprehensively revised and updated for over 15 years. The revision and approval process will take two years and $75,000 consolidate Area Development Plans and Citywide Future Land Use and Transportation elements into a single document. The first year of funding will allow staff to draft the revisions to the Corpus Christi Policy Statements. The second year of this two-year project will include the public hearing], revision and approval prccess. Corpus Christi Renewal Corn/Econ. Dev. - Current Project funding @ $20,000 The request for $111,280 is to provide funding to the City of Corpus Christi to implement the Renewal Community Tax 7 Incentive Utilization Plan and the Course of Action and to market available forms of assistance that will spur and promote $20,000 economic development in Corpus Christi. Additiobally, due to the complex nature of the Internal Revenue Code (IRC), contracting with professionals with expertise in IRC will be needed. Demolition Grant Program - Current Project funding @ $170,000 The removal of unsafe structures is a priority in neighborhood revitalization in the community. The Code Enforcement staff 8 identifies structures that are unoccupied, open, and dilapidated. A total of $2,000.00 will be expended for the processing of $215,700 the unsafe structure and a total of $213,700.00 will be expended in the board up and/or demolition of unsafe structures. FY2003 CDBG Allocation $4,219,000 Reprogrammed Funds $734,152 Program Income from Rehabilitation Program $700~000 TOTAL FUNDS AVAILABLE FOR FY2003 CDBG PROGRAM $5~653~152 Emergency Home Repair Grant Program - Current Project funding · $684,000 9 Funds ara used to provide emergency repair grants up to $6,500 to homeowners who are 65 years or older, very Iow- $1,000,000 income and/or persons with disabilities. The program is designed to only addrass hazardous conditions related to roofing, heating, plumbing, electrical, and minor structural rapairs. It is anticipated that 153 homeowners will be assisted. Gamla Art~ Educ Cente~ Area Street Improvement Phase 1 & 2 - Past Project funding O $265,000 This proposal requests additional funds for ROW acquisition, demolition, relocation, and compensation to the Neighborhoo~ 10 Childcare Center for damages to existing structure. The additional ROW is necessaw to provide for a straight alignment of Marguerite St. instead of a curvilinear alignment. Future funds will be requested for street and drainage construction for $80,000 11 th, 17th and Marguerite St,. This street alignment increases perking for local rasidents and activities in the Arts Center & Neighborhood Childcara Center. H. P. Gercle Park - Past Project funding for G ~mla Park Plan ~ $65,000 Plan, design, and implement general site gradin{ , leveling for conditions to allow future use and proper drainage of araa ($15,000). Plan, design, and install a playgroum with curbing system to contain resilient surfacing material ($78,750). 11 Plan, design and install a crushed shell roadway ~ith concrete curbing. Roadway should lead to playground area ($42,000). $80,000 Plan, design, and install a 30" (round or squara) iopen air pavilion ($35,000). Plan, design, and install a trail system with benches and picnic table systems (covered table, BBQ pit and trash container) installed on concrete pads along the trail ($19,850). Housing Rehabilitation and Reconstruction Loan Program - Current Project funding ~ $1,200,000 The Housing Rehabilitation Loan Program proviclas loans to Iow income homeowners to repair and make improvements to 12 their houses. It is anticipated that 10-15 house~wilt be rehabilitated and 20-25 will be reconstructed. These funds will also $1,133,000 be used to demolish and relocate homeowners t~eing assisted with the reconstruction of their homes. Manshelm Area Drainage Impr. Phase 2 - Cur ~ent Project funding ~ $620,000 This proposal consists of design and constructio~ ~ of Phase 2. Phase 2 includes the continuation of a drainage culvert with curb, inlets, curb, and gutter replacement and pa /ement repair to be extended along Gabriel Street (Sunnybrook to 13 Mansheim) and along Mansheim (Gabriel to aPl3rox. 150 ft west of Franklin). The Proposed drainage culvert alignment will $50,000 require reconstruction of sidewalk, curb, gutter, and ddveway in the immediate area of the construction of the underground culvert. Mortgage Servicing Project - Current Project funding ~ $55,889 Will pay for salary and expenses for one person to administer loans provided to Iow income homeowners funded through the Rehabilitation Loan Program. The Po~folio Consists of 870 active loans, plus new loans entered during fiscal year 2003 14 2004 and 117 deferred loans. The bilingual services provided by our administrator include collection of current and $88,845 delinquent loans up to 120 days, payment disbutsemants of property taxes and of annual insurance premiums from escrow accounts. Personal, on site, counseling is given o customers regarding payment alternatives and program rules. Operatior and procedures are reviewed by the A/R Collections Manager to assure internal control and compliance. Rehabilitation Administration - Current Project funding @ $602,600 Pays for staff salaries to provide support services to Iow and moderate income persons, such as loan processing. 15 Development of specifications and plans, inspections, housing counseling and other related services associated with the $580,000 various loan and grant programs. Southmoreland Addition Area Street Improvements Phase 3B - Past Project funding ~ $2,394,783 This proposal consists of design and construction of 28' B-B street pavement curb, gutter, sidewalk, driveways and 16 underground drainage for Phase 3B. Phase 3B of this project consists of: Lewis - Ciemmer to Watson approx. 300 t.f., $78,000 Naplas Street - Richard to Watson approx. 750 Lf., Watson - Ayers to Naples approx. 1250 I.f. SunnybrookJEvelyn/Golllhar/Kostoryz Area St & Drainage Improvement Phase 2 - Past Project funding @ $406,000 This proposal consists of design and constructien of 28' B-B street pavement curb, gutter, sidewalk, driveways and 17 underground drainage for Phase 2. Phase 2 of this project consists of Helen Street (Go[ihar to Sunnybrook) 1250 Lf. and $37,000 Theresa (Helen and Evelyn) 300 I.f. Unified Development Code - New Project An 18-24 month project to comprehensively update and unify the City's land development codes. CDBG funding is requested 18 for 50% of the total project costs over a two-year period. This funding request is for one(l) year, with plans to request the $75,000 same amount for the 2004-2005 fiscal year. Local utility fund revenue will provide 50% share of the overall project costs. A major goal of the UDC will be to implement affordable housing policies in the City's Comprehensive Plan. Weed & Seed Program - Current Project funding @ $50,000 The Weed and Seed Program is a comprehensive multi-agency approach to combating violent crime, drug use and gang 19 activity in high crime neighborhoods. The goals are to "weed" out crime from targeted neighborhoods, while at the same $50,000 time "seed" the target areas with a wide range ol crime prevention programs and Human Services to prevent crime from .reoccurring within the target areas. ~City P~jects Total $5,102,419 i~ccsestble Communities, Inc. ;onstruction of a new building, the Resource Cerlter for Independent Living: for training, meeting, and office and storage 20 space for persons/familisa with (cross) disabilities; providing an accessible, comprehensive soume for services, supports, $120,795 and learning opportunities, resulting in community inclusion. Capital Contribution $11,000 Boy's & Girl's Club of Corpus Christi 21 Project is for the installation of air conditioning in Our gymnasium, which is used primarily by our westside neighborhood $99,205 Corpus Chriatl Hope House, Inc. Renovations to 22 improve the living conditions for the residents at Our shelters and expansion of the shelter's capacity. Capital Contribution $58,000 S2g,000 23 GOD'S GYM -Air Conditioning New air $40,000 conditioning units. Replace old office unit and in~tall four new units for gymnasium and classes. Habitat for Humanity - Corpus Christi The Habitat lor Humanity Restore Building Project is seeking funds to eliminate conditions detrimental to public health and safety. The 25 building is in need of extensive roofing improvements to prevent the collapse of the reef as well as structural damage to the $80,328 electrical system of the facility. Nueces County Community Action Agency TO 26 weatherize homes occupied by families from Iow to very Iow incomes in target areas. Capital Contribution $809,618 $80,000 Women's Shelter of South Texas Rehabilitation and tmprovements of the emergency shelter and supl~ort services facilities. Emergency shelter rehabilitation includes repair and replacement of ceiling,, tiles, doors, safety latches, and lighting. Exterior rotting wood will be replace and repainted. 27 Replacement of the damaged track of the security gate. Rehabilitation of the support services facilities includes roof $72,405 replacement, expansion of current security system, security fencing, resurface and expansion of parking, and addition of sidewalk. Capital Contribution $10,000 Non Profits Total $550,733 TOTAL 5,653,152 3 FY2003 AIIocetion APPROVED FY2003 ESG PROGRAM Charities Provision Prevention short-term subsidies, security deposits or 1st month's rent, mediation rams, legal services and payments to prevent foreclosure on a home. $ 10,000 Hope House Provision of Essential Services including services c0ncemed with employment, physical health and education of the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. $ 15,000 Corpus Christi Metro Ministries Provision of Essential Services including Services concerned with employment, physical health and education of the homeless. Provision of Homeless Prevention including short-term subsidies, $ 50,000 security deposits or 1st month's rent, mediation programs, legal services, and payment to prevent ,reclosure on a home. Payment of maintenance, operations including rent, insurance, utilities and furnishin~ls. Gulf Coast Council of La Raza Provision of Essential Services including services concerned with employment, physical health and $ 20,000 ~e homeless. Payment of maintenance, operations including rent, insurance, utilities I furnishings. r McLeod Bethune Day Nursery )rovision of Essential Services including services concerned with employment, physical health and $ 10,000 )f the homeless. The Ark Assessment Center & Emergency Shelter of Youth Provision of Essential Services including services concerned with employment, physical health and $ 12,750 education of the homeless. The Salvation Army Provision of Essential Services including services concerned with employment, physical health and education $ 20,000 ~meless. Payment of maintenance, operations including rent, insurance, utilities and Tlmon's Ministries Payment of maintenance, operations including rent, insurance, utilities and furnishings. 2,250 Provision of Essential Services including services concerned with employment, physical health and education of the homeless. Provision of Homeless Prevention including short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services, and payment to prevent )reclosure on a home. Payment of maintenance, operations including rent, insurance, utilities and ga. $ 30,000 003 HOME PROGRAM $1,862,562 FY2003 Allocation CCCIC $549,000 HOMEBUYER ASSISTANCE PROGRAM I A deferred, forgivable loan not to exceed $3,000 will be provided to Iow income, homebuyers for the ~purpose of meeting down payment arid closing costs expenses. IADMINISTRATION/TECHNICAL AS~SISTANCE Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Technical will be provided to enhan(~e the capacity of CHDO's, nonprofits, owners/investors of rental , and other organizations thatl may participate in the program. Also includes administrative funds for direct operating support for ~the CHDO's. MINOR REHABILITATION GRANT PROGRAM $186,256 Minor rehabilitation of units with mor~ than $1,000 but less than $6,500. Grants will be provided to $100,000 homeowners who are 65 years and Older and/or persons with disabilities. MAJOR REHABILITATION LOAN ~ROGRAM Loans of 0% to 3% for qualified income families with up to a 20 year term. Reconstruction of owner- occupied units unsuitable for rehabilitation and to provide for the reconstruction of new suitable units. $250,000 Relocation grants will be provided fro' temporary relocation and a grant to provide funds to demolish and replacement unit. NEW CONSTRUCTION Construction of new single family \ Multi - housing units. The units must remain affordable for a minimum of 20 years. These funds may be used by a CDC. A deferred loan, not to exceed $20,000, $497,922 payable after the 1st mortgage is paid, will be provided to Iow income home buyers for the purchase of a home. The amount of the deferred loan will be based on HUD income limits. ;OMMUNITY HOUSING DEVELOPMENT ORG. (CHDO) * NEW CONSTRUCTION Low interest loans/grants to Community Housing Development Organizations (CHDO's) for the purpose of constructing new rental housing units/homeownership. ACQUISITION AND REHABILITATION Financing to acquire and rehabilitate existing rental housing which would be owned, operated or sponsored by a Community Housing! Development Organization is proposed as an activity. Housing acquired through this program will be made available to Iow income individuals under affordable conditions for a period of up to 15 years. $279,384 TOTAL $1,862,562 *COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO) The City of Corpus Christi will set aside at a minimum the 15% ($279,384) required by regulations for use by the CHDO within the 24-month period. The City of Corpus Christi will provide technical assistance and capacity building as necessary. Executive Summary The Consolidated Plan provides an overview of housing and homeless needs in Corpus Christi, an analysis of the housing market, and a strategic plan for meeting needs identified through the development of the document. The analyses included utilizing 2000 U.S. Census data, along with information gathered locally, including a homeless survey conducted in Corpus Christi, a survey of citizens to assist ir{ prioritizing needs, real estate data provided by the Association of Realtors and ihe Apartment Association, and building permit data compiled by the City of Corplus Christi. The major sections of the COnsolidated Plan include Consultation and Citizen Participation, Housing Market Analysis, Housing and Homeless Needs Assessment, Strategic Plan, and Annual Action Plan. Consultation and Citizen Participation The Citizen Participation Plan (CPP) was rewritten for development of the 2003- 2007 Consolidated Plan. The CPP provides details for the conduct of public review of draft documents, public hearings before the Planning Commission and City Council, accommodations for persons with disabilities, and public notice for all meetings and the various stages of Consolidated Plan development. In addition to public hearings before the Planning Commission and City Council, City Staff held community meetings to provide citizens with information concerning the availability of Community Development Block Grant, HOME, and Emergency Shelter Grant funds. These included three meetings held in the evening at community centers and three meetings held at City Hall for housing, homeless, and disability service providers. A survey to establish a community basis for prioritizing needs was distributed among attendees and other interested individuals. Additional interviews were conducted with representatives of the housing and banking industry, non-profit organizations, and the community to further explore community needs and concems. Housing Market Analysis According to the 2000 U.S. Census, the population of Corpus Christi is 277,569, housed in 107,842 housing units. Almost 60 percent of households own their own home. Over 32 percent of the existing housing stock in Corpus Christi was built prior to 1960. Almost 8i. 5 percent of the housing stock was vacant. Over 71 percent of all housing units in Corpus Christi were either single-family or duplexes. The median value of owner-occupied housing in 2000 was $72,100, compared to $55,600 in 1990, with a 2002 median sales price of $92,500. The average rent for apartments in 2002 was $627 with a 94.5 percent occupancy rate. The median gross rent, according to the 2000 Census, was $555, up from $373 in 1990. The median income reported in the 2000 Census was $34,414. Unemployment was reported at 7.2 percent, with higher rates for Hispanics (9%) and African- Americans (12.7%). The poverty rate was 17.55 percent, with 22.9 percent of Hispanics and 31.3 percent of African-Americans living below the poverty level. This population is served by the Corpus Christi Housing Authority, which operates 1,946 public housing units and administers 1,056 Section 8 Vouchers. Housing and Homeless Needs Assessment The Housing and Homeless Needs Assessment summarizes the available data on the current need for housing assistance for iow, moderate and middle-income households. According to the CHAS data, 38.15 percent of African-American households, 39.76 percent of Hispanic households, and 35.48 percent of White households pay more than 30 percent of their income on housing expenses. 2 Also, 18.35 percent of African-American households, 18.01 percent of Hispanic households, and 15.47 percent of White households pay more than 50 percent of their income on housing expenses. CHAS data tables indicate that 15,650 households, of the 21,893 Iow-income households in Corpus Christi, have some kind of housing problem. The Corpus Christi Housing~Authority (CCHA) administers the public housing in Corpus Christi. There were a total of 571 households on waiting lists for assisted housing. Of the 1,056 Section 8 Vouchers administered by CCHA, 922 are currently being used, with 134 households who are holding the rights to vouchers in search of eligible housingi Data indicate that housing is needed for 56 individuals and 32 families with children who are mentally ill It is estimated that there are 8,747 households with at least one person with a work disability. Out of the total number of persons that met the disability criteria for the Texas Rehabilitation Commission, about 110, or 7 percent of the elements, had an alcohol or substance abuse problem. This compares to information gathered from the smaller shelters in the city where it was indicated that about 50 !percent of the homeless experienced the same problem. There is an unmet housing need for 341 individuals and 51 families with children affected by HIV. The HIV/AIDS Housing Center operates a seven-bed state licensed facility, which provides for individuals in the final stages of the disease. Out of a total of 72,362 units built prior to 1979, 59,869, or 59.7 percent of all housing units in the city, are estimated to contain lead-based paint. Of the total number of housing units containing lead-based paint, it was estimated that Iow- income households occupy 27,077, or over 45 percent, of these units. 3 Strategic Plan The Strategic Plan provides a framework for addressing the needs identified in the Housing Market Analysis and the Housing and Homeless Needs Assessment. The plan details the priorities assigned to the various types of services eligible for Community Development Block Grant funding and estimates the cost of meeting those needs. Within each major area of concern (Housing, Homelessness, Other Special Needs, Non-Housing Community Development, Barriers to Affordable Housing, Anti-Poverty Strategy, Lead-Based Paint, Institutional Structure, and Coordination), goals, objectives, and strategies were established to move the City of Corpus Christi toward meeting the needs identified. These goals, objectives, and strategies are listed below, by area of concern. Housing Goal: Improve the condition and availability of affordable housing in Corpus Christi. Objective 1: Improve the condition of housing for Iow-income homeowners. Strategy 1.1: Provide emergency repairs to homeowners with urgent repair needs. Strategy 1.2: Provide funding for major rehabilitation or reconstruction projects for Iow-income homeowners. Strategy 1.3: Provide downpayment assistance to Iow- income homebuyers for existing housing units. Strategy 1.4: Provide funding for minor home repairs. Objective 2: Increas~e the number of new homes available on the affordable housing m~arket in Corpus Christi. Strategy 2.'1: income homer Provide downpayment assistance to Iow- uyers on new construction projects. Strategy 2.2: Provide replacement housing where code enforcement demolition has removed a housing unit. Strategy 2.3: Investigate the possibility of using a non-profit development agency to prepare buildable lots for sale to any interested homebuilder working in Corpus Christi. Strategy 2.4: Evaluate the New Construction Home Buyer Program requirements to identify ways to reduce the cost of new homes offered to buyers. Strategy 2.5: Investigate alternative housing types for development in Corpus Christi, including cottage housing and modular housing. Objective 3: Improve the condition of housing for Iow-income renters. Strategy 3.1: Develop program guidelines to offer to City Council for a rental housing repair program. Objective 4: Support the increase in the supply of housing available to Iow-income renters, Strategy 4,1: Work with apartment development companies to identify oppo~rtunities to utilize Low-Income Housing Tax Credits (LIHTC) to build new apartments for Iow-income households. Strategy 4.2: Develop program guidelines to present to City Council to establish a fund for the rehabilitation of apartment complexes with set-aside requirements for Iow-income and Section 8 residents. Objective 5: Expand funding available for affordable housing programs. Strategy 5.1: Investigate new funding opportunities and potential financial partnerships that could be utilized to provide more affordable housing. Objective 6: Increase the productive capacity of non-profit housing providers. Strategy 6.1: Work with non-profit housing providers to identify the technical assistance needs of the agencies and identify HUD funded technical assistance providers with the capacity to address the issues identified. Strategy 6.2: Provide funding for an acquisition and rehabilitation program for rental or homeownership from which CHDOs can make affordable houses available to Iow-income residents. Homelessness Goal: Expand housing and in Corpus Christi. ervices offered to homeless families and individuals Objective 1: Expand iemergency shelter facilities serving homeless families and individuals. Strategy 1.1: Utilize Emergency Shelter Grant funding to support increasing the number of beds available at shelters. Strategy 1.2: Support non-profit efforts to expand their private funding sources. Objective 2: Expand transitional housing opportunities for homeless families and individuals. Strategy 2,1: Continue to submit Supportive Housing Program (SHP) grant applications, placing priority on proposals that include transitional housing units. Strategy 2.2: Work with non-profit organizations to develop transitional housing projects, to be funded through SliP and/or private fundraising efforts. 7 Objective 3: Expand permanent supportive housing units available to special needs populations. Strategy 3.1: Work with Nueces County Mental Health & Mental Retardation and other providers to develop additional permanent supportive housing units, Objective 4: Make the case in the SHP grant application that Corpus Christi's homeless problem is compounded by migration of the homeless into the city during the winter, justifying a larger award from HUD. Strategy 4.1: Supplement the yearly homeless survey with a warm weather survey that establishes a baseline homeless population count. Objective 5: Expand services aimed at the prevention of homelessness. Strategy 5.1: Fund tenant-based mortgage/rental assistance programs that provide temporary assistance to prevent evictions and ensuing homelessness. Objective 6: Expand services provided to homeless families and individuals. Strategy 6.1: Encourage non-profit agencies who submit proposals to the SHP grant application to provide additional 8 supportive services to the homeless through partnerships and non- federal funding sources. Other Special Needs Goal: Evaluate upcoming needs related to the non-homeless special needs populations. Strategies: 1. Work with local providers to identify the needs of the non-homeless special needs population. Non-Housing Community Development Goal: Improve living conditions in Corpus Christi by addressing non-housing community development needs. Objective 1: Address infrastructure needs in the CDBG eligible areas of Corpus Christi. Strategy 1,1: improvements. Provide funding to provide street Strategy 1.2: Provide funding to improve drainage. Objective 2: Improve neighborhood conditions. Strategy 2.1: Provide CDBG funding to strengthen the Code Enforcement effort in Iow-income neighborhoods. Strategy 2,2: i Fund a housing demolition program to remove unsafe, dilapidated houses within CDBG eligible area. Strategy 2.3: Provide improvements to neighborhood parks. Strategy 2,4: Fight drug use and gang violence through continuation of the Weed and Seed Program. Objective 3: Support Planning Department in neighborhood planning and update of development code. Strategy 3.1: Provide funding to the Planning Department to update the Comprehensive Plan. Strategy 3.2: Support the Planning Department's efforts to update the Unified Development Code. Objective 4: Remove barriers in accessing public facilities. Strategy 4.1: facilities, Provide funding to remove barriers from public Objective 5: Expand job development effor[s by supporting economic development projects. 10 Strategy 5.1: Support the Business Resource Center's technical assistance efforts with small businesses. Strategy 5.2: Barriers to Affordable HouSing Support the Renewal Community (RC). Goal: Address barriers to aff[ordable housing development and availability in order to reduce the cost burden on Iow and moderate-income residents. Strategies: 1. Review the New ConStruction Home Buyer Program guidelines to determine whether the requirement for a garage should be maintained. 2. Work with insurance companies to identify a list of providers who can offer reasonably priced coverage to homebuyer program participants. 3. Initiate a building site development program where a City sponsored non- profit organization or an existing private non-profit corporation is provided CDBG funding to provide 30 lots per year for sale at subsidized prices to any builder interested in providing homes within homebuyer program price limits. Lead-based Paint Hazards Goal: Abate lead-based paint hazards where encountered in the housing programs. 11 Strategies: 1. Continue to meet HUD lead-based paint abatement standards in housing rehabilitation programs. Anti-poverty Strategy Goal: Reduce the number Of families living in poverty. Strategies: Increase employment opportunities in the Renewal Community target areas by attracting new business development or relocations with tax credits and deductions and capital gains exclusions that are available through the Renewal Community designation. 2. Provide funding in support of capital improvements for non-profit agencies that provide childcare services to Iow-income households. Work with apartment developers to identify opportunities for the use of Low-Income Housing Tax Credits in the development of apartment units for lower-income households. 4. The Corpus Christi Housing Authority should continue to work with landlords to identify housing opportunities for Section 8 recipients. 5. Promote existing General Education Development (GED) programs that work with adults who did not complete their high school degrees. 12 Institutional Structure Goal: Identify and address gaps in the institutional structure for the implementation of the housipg and community development plan. Strategies: Work with non-profit Organizations through coalition meetings to monitor community needs and provide City support to federal and non-federal funding initiatives. 2. Support the Corpus Christi Housing Authority in its program initiatives and work with them to identify opportunities to expand programs and services. 3. Work with private indiJstry to address important issues that hamper housing and community development efforts. 4. Identify opportunities go create private/public partnerships for project finance and development. Coordination Goal: Improve coordination between the City and other agencies and organizations committed to the improvement of housing and community development services in Corpus Christi. 13 Strategies: 1. Maintain active participation in the Coastal Bend Housing Coalition, Homeless Issues Pa~nership, and Committee for People with Disabilities. 2. Continue working in aicooperative spirit with the Corpus Christi Housing Authority, the Coastal Bend Council of Governments, and Nueces County. 14 A RESOLUTION ADOPTING THE FY2003 ANNUAL ACTION PLAN, WHICH INCLUDES THE CDBG, ESG, AND H~OME PROGRAMS; AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO SUBMIT THE FY2003 ANNUAL ACTION PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER OR THE Cl'r~ MANAGER'S DESIGNEE TO MAKE CHANGES IN THE FY2003 ANNUAL ACTION PLAN IF REQUIRED BY THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The FY2003 Annual Action Plan, which includes the CDBG, ESG, and HOME Programs, is hereby adopted. SECTION 2. The City Manager or the City Manager's designee is authorized to submit the FY2003 Annual Action Plan to the U. S. Department of Housing and Urban Development. SECTION 3. The City Manager or the City Manager's designee is authorized to make changes to the FY2003 Annual Action Plan if required by the U. S. Department of Housing and Urban Development. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor for the City Attorney 2003 A RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S FIVE-YEAR FY2003- 2007 CONSOLIDATED PLAN; AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO SUBMIT THE FIVE-YEAR FY2003-2007 CONSOLIDATED PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO MAKE CHANGES IN THE FIVE YEAR FY2003-2007 CONSOLIDATED PLAN IF REQUIRED BY THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The five-year FY2003-2007 Consolidated Plan is hereby adopted. SECTION 2. The City Manager or the City Manager's designee is authorized to submit the five-year FY2003-2007 Consolidated Plan to the U. S. Department of Housing and Urban Development. SECTION 3. The City Manager or the City Manager's designee is authorized to make changes to the five-year FY2003-2007 Consolidated Plan if required by the U. S. De- partment of Housing and Urban~ Development. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor for the City Attemey 2OO3 H tLEG OlR\elizabeth/Dep[ Files/EH Resolulions/EHres 131 wpd 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 20, 2003 AGENDA ITEM: Appropriating $21,975 from the Unrestricted Park Trust in the Community Enrichment Fund 4720 to pay for the construction of a pedestrian access at the end of Airheart Point; amending FY 2002-2003 operating budget adopted by Ordinance No. 024974 to increase appropriations by $21,975; and declaring an emergency. ISSUE: Funds need to be appropriated from the Community Enrichment Fund in order to pay for a pedestrian access at Airheart Point. Currently, funds are available for the construction but not appropriated in the current budget. REQUIRED COUNCIL ACTION~ The City Council must approve all appropriations. PREVIOUS COUNCIL ACTION: The City Council passed the fiscal year 02-03 budget in July of 2002. FUNDING: Funding is in place but not appropriated. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council appropriate $21,975 from the Unrestricted Park Trust in the Community Enrichment Fund 4720 to pay for the construction of a pedestrian access at the end of Airheart Point. Daniel L. Whitworth, Director Park and Recreation Department Attachments: Ordinance ORDINANCE APPROPRIATING $21,975 FROM THE UNRESTRICTED PARK TRUST IN THE cOMMUNITY ENRICHMENT FUND NO. 4720 TO PAY FOR THE CONSTRUCTION OF A PEDESTRIAN ACCESS AT THE END OF AIRHEART POINT; AMENDING FY 2002-2003 BY ORDINANCE NO. 024974 OPERATING BUDGET ADOPTED TO INCREASE APPROPRIATIONS BY $2t ,975; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $21,975 is~ appropriated from the unrestricted Park Trust in the Community Enrichment Fund No. 4270 to pay for the construction of a pedestrian access at the end of Airhearti Point. SECTION 2. That the FY 20~02-2003 Operating Budget adopted by Ordinance No. 024974 is amended to irlcrease appropriations by $21,975. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Cour~cil (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr. Mayor APPROVED: May 14, 2003 For City Attorney 25 CITY COUNCIL MEMORANDUM May 20,2003 AGENDA ITEM: Motion authorizing the Mayor or the Mayor's designee to execute an Intedocal Cooperation Agreement with Nueces County relating to the approval of plats within the extraterritorial jurisdiction of the City of Corpus Christi. ISSUE: An Interlocal Cooperation Agreement with the Nueces County is required by House Bill 1445 for the purposes of administering the City and County plat regulations within the City's Extraterritorial ,Jurisdiction (ET J). REQUIRED COUNCIL ACTION: Approval of Resolution. PREVIOUS COUNCIL ACTION: At the January 16, 2003 City Council / Nueces County Commissioners Court Joint Meeting, it was agreed to establish an ETJ Platting Committee with representatives from the City and County. The Committee's charge was to prepare an interlocal agreement consistent with House Bill 1445 for administering of plat regulations within the City's ETJ. PREVIOUS NUECES COUNTY COMMISSIONERS COURT ACTION: Approved an Interlocal Cooperation Agreement on May 7, 2003. FUNDING: No funding required for implementation of the Interlocal Cooperation Agreement. CONCLUSION AND RECOMMENDATION: Approval of the resolution authorizing the Mayor or the Mayor's designee to execute the Interlocal Cooperation Agreement Services Attachments: ~t CorDusChrst ETJMAP b3teH¢qal Cooperation Agreement i-<.eSOlUIIOn Dudng the 77th Legislative SessiOn of 2001, House Bill 1445 was approved requiring cities and counties to enter into an intedocal agreement by April 1, 2002 establishing rules by which city and county subdivision regulations would be administered in the ETJ. Prior to HB 1445 being passed, the onlystate law requirement pertaining to the issue of platting in the ETJ was that the most stringent city or county regulation would apply if there was a conflict. In January 2003, the Joint City/County ETJ Committee was formed. The Committee members were as follows: Commissioner Oscar Ortiz Commissioner Betty Jean Longpria Glen R. Sullivan, PE, County P~blic Works Director Margie C. Rose, Assistant City Manager Jay Reining, Acting City Attorney Doyle Curtis, Assistant City AttOrney Michael N. Gunning, Assistant Director of Development Services/Director of Planning Miguel S. Saldafia, Developmept Services Harry Power, Development Services Committee Meetings: February 11, 2003 April 1,2003 FINDINGS: The committee thoroughly reviewed both the city and county plat regulations and identified the relevant issues which are shown on the chart below: ISSUE COUNTY CITY Exceptions to platting § 23~.0015(t) 10 acres in § 212.004(a) 5 acres, direct access requirement based on area; and no public or private to a public road, and no public size of lots. roads or other public improvement being dedicated. improvements. Exceptions to platting § 23~.0015(c) No exception requirement based on agricultural or wildlife land uses. , ISSUE COUNTY CITY Exceptions to platting § 232.1}015(e) No exception requirement for Owner divides the tract into subdivision between four or fewer parts, related to family members, the owner within the third degree by consanguinity or affinity, and no public or private roads or other public lmproyements. Exceptions to platting § 232~0015(g) No exception requirement for lots sold Lots a 'e sold to veterans to veterans through through the Veterans' Land Veterans' Land Board ' Board program and no public ~rogram. or private roads or other mbliq improvements. Exceptions to platting § 23210015(h) No exception requirement for land Land belonging to the state or belonging to state or any state agency, board, or state agency, etc. commission or owned by the ~ermanent school fund or any other dedicated funds of the state unless subdivision lays streets or other public improvements. Exceptions to platting § 232~0015(i) No exception for property owned by a Land owned by a political politicial subdivision of subdivision of the state, the state in a floodplain, which is situated in a that is sold to the floodplain and sold to adjoining landowner, adjoining landowners. Exceptions to platting § 232~0015(j) No exception requirement where One part will be retained by o~vner will retain one the owner, the other new part portion and buyer of the is to be transferred to another remaining portion will person who will further plat the remainder, subdivide and plat the new tract, and no public or private roads or other public imprgvements. Exceptions to platting § 232.0015(k) No exception requirement for partition All parts are transfers'ed to of tract between owners persons who owned an of undivided interest in undivided interest in the tract, original tract, plat is filed before any further development of any part of thc tract, and no public or prix ate roads or other public ISSUE COUNTY Does approval of plat Not addressed § 212.011. Effect of Approval on equal acceptance of Dedication dedication? Approval of a plat is not considered an acceptance of any proposed dedication and does not impose on the municipality any duty regarding the maintenance or improvement of any dedicated : parts until the appropriate municipal authorities make an actual appropriation of the dedicated parts by entry, use, or improvement. In summary, the guiding princlple was to continue the plat submission and approval process past practices which I~asically retains the requirement that the most stringent regulation will be enforced where there is a conflict in regulations. Other provisions of the Committee's recommendations incorporated into the Interlocal Cooperation Agreement are summarized as follows: 1) 2) 3) 4) 5) 6) 7) The City will continue to accept all plat applications for lands located within the ET J; The City will collect both the City's and County's plat application fees and remit the fees to the County on a quarterly basis; Applicants will be provided one response indicating approval or denial of their plat application; The City's administrative procedures in the platting ordinance will be followed to process plats and request variances; The City will prepare a consolidated set of regulations identifying the most stringent requirements of each jurisdiction; The City will maintain curbs, gutters, and underground storm drainage if required by the City; After the public improvements have been installed and inspected by both the City and the County designated representatives, an application for acceptance of the dedication must be made to the Commissioners Court. In addition to the Interlocal Cooperation Agreement provisions, there was a renewed commitment among all representatives to continue to look for ways to expedite plat approvals. The Nueces County Public Works Department will participate in the plat review process of ETJ plats at the time such plat applications are received by having a representative attend the City's application review team (staff) and the Staff Plat Committee meetings. H:\PLN-DIR\SHARED\WORD\Council Agenda\lnterlocal Cooperation Agreement.doc CITY OF CORPUS CHRISTI, TEXAS C, ITY LIMIT BOUNDARY AND EXTRATERRITORIAL BOUNDARY Legend ...... City Limit Boundary ~ Extraterritorial Boundary 4 2 0 4 8 12 16 ~ ~ ~ I ~ Miles MDN 5/15/03 Source: Department of Development Services EXHIBIT A INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY RELATINGi TO THE APPROVAL OF PLATS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI STATE OF TEXAS § COUNTY OF NUECES § I. PARTIES. The parties to this Ilnterlocal Agreement are Nueces County, Texas ("County"), a political subdivision of the State of Texas and the City of Corpus Christi ("City"), a Texas home rule munibipality. II. PURPOSE. ; A. In a continuing effort t¢ consolidate activities within the appropriate jurisdiction in order to promote efficiepCy in local government, the City and the County mutually agree that the City of Corpus Christi shall administer the platting of all property located within those portions of the City's extraterritorial jurisdiction that are within Nueces County. B. The parties enter into this Interlocal Agreement under the Texas Government Code Chapter 791 (InterlOcal Cooperation Act) and under the terms of Texas Local Government Code §242.001(c). By the Interlocal Agreement the County delegates to the City the administration of Chapter 232 of the Texas Local Government Code within those portions of the City's extraterritorial jurisdiction that are within Nueces County, subject, to the terms and exceptions of this Interlocal Agreement. III. TERM. The term of this Interlocal Agreement commences on the date when last party to this Interlocal Agreement affixes the authorized signatures and extends for one (1) year from the date of that signature. Unless terminated under Section VII, this Interlocal Agreement shall automatically renew annually on the anniversary date of the commencement of this Interlocail Agreement. IV. AUTHORITY TO THE CITY, The City is delegated the authority to administer the provisions of Chapter 232 of the Texas Local Government Code within those portions of the City's extraterritorial jurisdict~ion that are within Nueces County. A. The City's Planning D,irector is authorized to: 1. Accept all plat applications for tracts of land located in the City's extraterritorial jurisdiction. E FJINTERLOCALclean05152003 doc Page 1 of 6 EXHIBIT B F. The administrative procedures in the City's Platting Ordinance will be used to the processing of plat applications and requests for variances. VI. CITY PLANNING COMMISSION. The parties agree that the Planning Commission of the City of Corpus Christi will act for the City of Corpus Christi in administering Chapter 232 of the Texas Local Government Code, including the granting of variances. Appeals from an action by the City Planning Commission may be made to the City Council under the City Charter. VII. DEDICATION OF PUBLIC IMPROVEMENTS. The approval of a plat of land located within those portions of the City's extraterritorial jurisdiction that are within Nueces County under this Interl¢cal Agreement does not constitute acceptance of the dedication of any public improvements by the Nueces County Commissioners' Court. After the public improvements have been installed and inspected by both the City and County designated representatives, an application for acceptance of the dedication must be made to the CommissiC~ners' Court. VII. TERMINATION. A. The parties agree that~ either party may terminate this Interlocal Agreement without cause on the annual anniversary date by providing sixty (60) days prior written notice of their intent to terminate this Interlocal Agreement. B. Upon termination, all authority to administer Chapter 232 of the Texas Local Government Code within those areas of the City's extraterritorial jurisdiction that are within Nueces County revert to the County. VIII. MISCELLANEOUS PROVISIONS. A. Notice. Notice required by this Interlocal Agreement may be given or served by depositing the notice in the United States Mail, in certified or registered form, postage prepaid, addressed to the other party, or by delivering the notice in person to the other partYi Notice deposited in the United States Mail in the manner prescribed in this subsection is effective upon deposit. The addresses of the parties are: City of Corpus Christi, Texas Attention: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Nueces County Attention: Nueces County Judge Nueces COunty Courthouse 901 Leopa~rd Street, Room 303 Corpus Christi, Texas 78401 ETJINTERLOCALcIean05152003 doc Page 3 of 6 B. Effect of Waivers. No waiver by either party of any default, violation, or breach of the terms, provisions, and covenants contained in this Interlocal Agreement may be deemed or construed to constitute a waiver of any other violation or breach of any of the terms, provisions, and covenants of this Interlocal Agreement. C. Only Agreement betWeen Parties. This Interlocal Agreement constitutes the only agreement of the parties relating to the administration of administration of and enforcement authorit[y under Chapter 212, 232, and 242 of the Texas Local Government Code and supersedes any understandings or written or oral agreements between the parties respecting the subject matter of this Interlocal Agreement. Any changes or modifications to this Interlocal Agreement must be made in writing and approved by the governing bodies of both parties. D. Amendment of Interlocal Agreement. This Interlocal Agreement may be amended at any time. Any amendment to this Interlocal Agreement must be in writing and agreed to by the governing bodies of the parties. No officer or employee of any of the parties has authority to waive or otherwise modify the limitations in this Interlocal Agreement, without the express action of the governing body of the party. E. Not For Benefit of Third Parties. This Interlocal Agreement and all activities under this Interlocal Agreement are solely for the benefit of the parties and not the benefit of any third parties. F. Exercise of Police Powers. This Interlocal Agreement and all activities under this Interlocal Agreement are undertaken solely as an exercise of the police power of the parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons. The parties do not have and may not be deemed to have any duty to any particular person or persons. G. Immunities Not Waived. Nothing in this Intedocal Agreement is waives any governmental, official, or other immunity or defense of any of the parties or their officers, employees, representatives, and agents as a result of the execution of this Interlocal Agreement and the performance of the covenants contained in this Interlocal Agreement. H. No Civil Liability to Other Party. One party may not be responsible to and may not be civilly liable ~ another party for any act or omission under this Interlocal Agreement. Each party waives all claims against the other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Interlocal Agreement. I. Captions. Captions to provisions of this Interlocal Agreement are for convenience and shall not be considered in the interpretation of the provisions. ETJINTERLOCALdean05152003 doc Page 4 of 6 J. Fiscal Obligations. Each party which performs services or furnishes aid under this Interlocal Agreement must do so with funds available from current revenues of the party. No party has any liability for the failure to expend funds to provide aid under this Interlocal Agreement. K. Interlocal Cooperation Act Applies. The parties agree that activities under this Interlocal Agreement are ";]ove,,rnmental functions and services" and that the parties are "local governm 9nts' as that term is defined in this Interlocal Agreement and in the Inte 'local Cooperation Act. This Interlocal Agreement contains all commitments -ties with respect to the platting of property within the Iraterritorial jurisdiction. No other oral or written s with respect to the platting of property within the City rritorial jurisdiction may have any force or effect if not Agreement. M. Severability. If any provision contained in this Intedocal Agreement is held invalid for any reason, thc invalidity does not affect other provisions of the Interlocal Agreement that! can be given effect without the invalid provision, and to this end the provisions of this Interlocal Agreement are severable. L. Entirety of Agreement. and agreements of the pa City of Corpus Christi's ex commitments of the partie of Corpus Christi's extrate contained in this Interloca N. Validity and Enforceability. If any current or future legal limitations affect the va d ty or enforceability ~ a provision of this Interlocal Agreement, then the legal limitations are made a pa~rt of this Interlocal Agreement and operate to amend this Interlocal Agreement to the minimum extent necessary to bring this Interlocal Agreement into conformity with the requirements of the limitations, and so modified, this Interlocal Agreement continues in full force and effect. O. Warranty. The Interl0cal Agreement has been officially authorized by the governing body of each party, and each signatory guarantees and warrants that the signatory has full authority to execute this Interlocal Agreement and to legally bind the respective party to this Interlocal Agreement. P. Governing Laws. This Interlocal Agreement shall be governed by the laws of the State of Texas. Q. Venue. Venue for an action arising under this Interlocal Agreement is in Nueces County, Texas. ETJINTERLOCALclean05152003 doc Page 5 of 6 EXECUTED in duplicate originals this day of ATTEST: CITY OF CORPUS CHRISTI ,2003. Armando Chapa City Secmtary Samuel L. NeaI, Jr. Mayor APPROVED AS TO LEGAL FORM: This day of ., 2003. R. Jay Reining Acting City Attorney NUECES COUNTY, TEXAS APPROVED AS TO LEGAL FORM: This Terry Shamsie County Judge day of ., 2003. Laura Garza Jimenez County Attorney ETJINTERLOCALdean05152003 doc Page 6 of 6 APPENDIX A Plat Required The owner must plat the portions of a tract that are subdivided into parts that are 5 acres or less in size. The plat does not need to include any part greater than five acres that has access to a public road, if no public improvement are being dedicated. The owner must plat if the owner subdivides a tract into two or more parts that are greater than 10 acres and includes streets, alleys, squares, pad<s, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the~ streets, alleys, squares, parks, or other parts. The owner must plat if owner subdivides a tract into two or more parts that are greater than 5 acres, but not greater thap 10 acres, unless: The land is used pdmadly for agricultural use or for farm, ranch, wildlife management, or timber production use; The tract is divided into f~ur or fewer parts and the parts are sold, given, or otherwise transferred to ap indNidua] who is retated to the owner within the third degree of consanguinity dr affinity; All of the lots are sold to ~eterans through the Veterans' [.and Board program; The tract is owned by the state or other state agency, board, or commission or owned by the permanent school fund or any other dedicated funds of the state; The owner of the land is a political subdivision of the state, the land is situated in a flood plain, and the lots are sold to adjacent landowners; One new part is to be retained by the owner, and the other new part is to be transferred to another person who will further subdivide the tract subject to the plat approval requirements; or All parts of the tract are transferred to persons who owned an undivided interest in the original tract, and a plat is filed before any further development of any part of the tract. Subdivision of a tract includes any division, regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale, purchase option rental agreement, or other executory contract to convey, or by using any other method. No land may be divided and sold or conveyed until the Subdivider receives approval of a Final Plat of the tract and files the plat with the County Clerk, for recordation in the Map Records of the County Appendix Aclean04012003 doc 1 The Commissioners Court determines whether it will accept any dedications. Approval of a plat does not impose any duty upon the County concerning maintenance of improvements included in any dedication, The Commissioners Court determines which dedications will be accepted for County maintenance after the Owner maintenance period has expired. Land used for a manufactured home rental community, which is not subdivided, must have an infrastructure development plan prepared that complies with the County's minimum infrastructure standards. A Manufactured Home Rental Community is a plot or tract of land that is separated into two or more spaces or lots that are rented, leased, or offered for rent or lease, for a term Of less than 60 months without a purchase option, for the installation of manufactured homes for use and occupancy as residences. A computer floppy disk or CD-ROM with a file in AutoCAD format (.dwg) of the layout of the lots and streets (to scale and with state plane coordinates) must submitted for incorporation into the County-wide map. Plat Processing City's procedures will be followed. The City will provide the County Engineer with a copy of all plat applications upon receipt. If groundwater is the source of water supply for the subdivision, each purchase contract made between the owner and p~urchaser of land in the subdivision must contain a statement describing the extent to which water will be made available to the subdivision and if it will be made available, how and when. REQUIREMENTS FOR ACTUAL PLAT DOCUMENT The plat shall be drawn on first quality paper or Mylar film, 18" x 24" maximum size sheet, in India ink; to a scale of one inch equals one hundred feet (1"= 100'), or larger with all figures and letters legible, and the whole proper for filing for record in the Office of the County Clerk, with the following information given: The title or name by which the Subdivision is to be identified, North point, the scale shown graphically, and the name and seal of the registered professional engineer or state licensed or registered land surveyor responsible. A definite legal description and identification of the tract being subdivided, this description shall be sufficient for requirements of title examination. The plat shall be a descriptive diagram drawn to scale, and shall show by reference that the subdivision is a particular portion or part of a previously filed plat or recognized grant or partition. Appendix Aclean04012003 doc 2 Where the area platted as a subdivision to a city or town, covering parts of lots or blocks in a recorded subdivision or partition of an original survey, the acreage taken from each of the said lots or blocks shall be clearly stated on the plat. The boundaries of the subdivided property, the location or designation of all streets, alleys, parks and other areas intended to be dedicated or deeded to the public use, shall be shown with the proper dimensions and bearings. The boundaries of the subdivision shall be indicated by centerlines of all existing bounda such other data furnished to Ioca a heavy line and shall be tied by dimension to the -y streets or roads, or lines of established surveys with le the subdivision on the ground. The plat shall show all block, lot ~nd street boundary lines. Blocks and lots shall be numbered or lettered consecutiw ;ly. The width of all streets shall be shown, measured at right angles or radially, whereicurved. Accurate dimensions, both linear and angular, of all items on the plat shall be shown. Linear dimensions shall be shown in feet and decimals of a foot; angular dimensions shall be shown by bearing, all p~incipal lines shall be fully described and all essential information given; circular curver shall be defined by actual length of radius and not by degree of curve. The arc definition of a curve shall be used in all computations. The location and description of all lot corners, reference points and beginning and end points, (P.C. & P.T.) of all curves, shall be marked with 5/8" iron pipes 24" to 30" long, set flush with the ground shall be used for block corners. A certificate of dedications, duly acknowledged, on all roads or streets, public highways, utility easements, parks, drainage easements, and all other land intended for public use shall be shown on the plat. A thirty-foot (30') minimum drainage easement shall be shown on the plat, fifteen feet (15') minimum each side of the centerline of all gulleys, ravines, draws, sloughs, etc., in the subdivision. A certificate of ownership in fee of all land embraced in the subdivision, and of the authenticity of the plat and dedication, signed and acknowledged by all owners of any interest in said land. The acknowledgement shall be in the form required in the conveyance of real estate. Approval and acceptance of all lien holders shall be included. If the subdivision is located in a~n area not served by a sanitary sewer system and septic tanks are to be used, a certificate of approval from the City-County Health Department shall be required. If sewer lines are available and of sufficient size to be used, location shall be showing on drawings and arrangements for tying on shall be made. REGULATION OF LOT SIZE Lots shall be a minimum of five thousand (5,000) square feet except lots that require septic tanks must be a minimum of ½ acre if served by a public water supply, and one acre if not served by a public water supply. All lots, so far as practical, shall have their side lines at right angles to the road on which they face, or radial to curved road lines. Appendix Aclean04012003.doc 3 Corner lots for residential use shall have extra width to permit appropriate buildings set back from both streets. STREETSTANDARDS Arterial, or main thoroughfare roads are to be provided where, in the judgment of the City's Director of Engineering Services; they are necessary and shall have a minimum right-of-way of eighty (80) feet. I Collector reads through the subdivisions shall have a minimum right-of-way width of sixty feet (60') and shall provide unhampered circulation through the subdivision and adjoining subdivision. In the event that a roadway is to cover an original survey corner, a marker shall be set on an offset at the right of way line. The marker must be made of 6-inch diameter concrete and three feet long. The top of the marker shall be flush with the ground and have a brass plate with an "×" on it. In addition to this a three-foot pipe with a minimum diameter of one inch (1") shall be set six inches (6") below the ground n the right-of-way line and approximately 20 feet from the concrete marker. These markers shall be shown on the plat with the angle and distance to the original survey corner. Where an existing road is continued into a new subdivision, the right-of-way in the new subdivision shall not be of less width than the right-of-way of the existing road. Roads shall be laid out so as to intersect as nearly as possible at right angles. Road jogs with centerline offsets of less than one hundred twenty-five feet (125') shall be avoided. Property lines at road intersections shall be rounded with a radius of ten feet (10') or of a greater radius where deemed necessary by the City's Director of Engineering Services. Dead end roads, designed to be so permanently, shall not be longer than five hundred feet (500') and shall be provided at the closed end with a cul-de-sac (turn around) having an outside roadway diameter of at least eighty (80) feet and a street right-of-way diameter of at least one hundred feet (100'). Roads that are a continuation of an existing road shall take the name of the existing road. Where part of a road has been dedicated in an adjoining subdivision adjacent to, and along, the common property line of the two subdivisions, the same width, or wider, right- of-way must be dedicated in the new subdivision as was dedicated in the existing subdivision. Appendix Aclean04012003.doc 4 All arterial, main thoroughfare and collector roads shall be as straight as possible, with a maximum of five (5) degree curve being permitted, except at intersections; minor roads through residential areas may have a maximum of ten (10) degree curve. Roads shall be platted so that continuation of said roads may be made in future subdivisions. Provision must be made for the eXtension of main thoroughfare; belt loops of main county roads, etc., where require~l by the City's Director of Engineering Services. A map shall be submitted to the ,,~ity's Director of Engineering Services on a scale of not more than two hundred feet (200'~) per inch, and certified to as to accuracy by the engineer, or survey, preparing the plat, showing reasonable detail, the location and width of existing streets, roads, qts and similar facts regarding all property immediately adjacent thereto; also the conne(~ting between the new and the existing subdivisions, f there are no adjacent subdivisions, then an accurate map must be submitted showing ownership of all adjacent property, location and distance of the nearest subdivision, and how the roads in the subdivision Offered for record may connect with those in the nearest subdivision. Profiles drawn to scale adequate to show the existing ground line and proposed grades of finished centerline of all roads~ and flowline grade of all ditches; must be submitted to the City's Director of Engineering Services prior to plat approval. Roadway and drainage plans shall be prepared by a Registered Professional Engineer (Texas Registration) Roadway & Paving Standards -- The City's right-of-way and street pavement standards will apply. Street Markers -- Two road or street name signs having the following specifications shall be erected at all street intersections in the subdivision for street markers: Signs shall be constructed of one of the following materials: 4" x 4" posts, either treated or untreated, painted white and using 2" standard height letters, giving the official street or road name or number, or The street name sign shall be of the cross-arm type, and shall be reflectorized on aluminum metal blanks. Posts shall be metal or wood (Minimum 2" round galvanized if the former and 4" square redwood, cedar or Southern yellow pine if the latter) and shall be 12' long, with at least 2'6" in the ground. If a "stop" or "yield" sign is also on the post, it shall be placed so as to not affect the legibility of the name. It shall be 7' minimum from the bottom of the sign to the ground line. Appendix Aclean04012003 doc 5 DRAINAGE STANDARDS Profiles drawn to scale adequate to show the existing ground line and proposed grades of finished centerline of all roads, and flowline grade of all ditches; must be submitted to the Director of Engineering Services prior to plat approval. Roadway and drainage plans shall be prepared by a Registered Professional Engineer (Texas Registration) In subdivisions where there is nO curb & gutter, drainage shall be by roadway ditches, cross ditches, or swales. ^ map shall be submitted to the City's Director of Engineering Services showing direction of fl0w, acreage and all necessary drainage calculations. Ditches must have a minimum grade of 0.1' per 100'. Ditch side slopes shall not be steeper than four to one (4 to 1). Pipes shall be placed where required to provide necessary drainage under drives, sidewalks, cross drains, etc. In all instances calculations shall be shown for each drain, but in no instance shall the pipe used be less than eighteen inches (18") diameter. Drainage sketches, referred to above, shall show the drainage carried to its logical point of disposal. Drainage shall not be dumped on the adjoining tract or road to the detriment of that tract or road. All necessary easements shall be provided and ditch work done as an integral part of the subdivision being prepared. A subdivision may not be built in the mouth of a large gulley, creek, draw or swale area, where heavy rains would cause damage to existing or contemplated improvements. 'Fhis prohibition also applies to installing streets, paving or other improvements in a new subdivision where the increased runoff will damage existing improvements below the street, paving, or improvement. Contours of not more than five foot (5') intervals in hilly land, or one foot (1') intervals in flat land, or in land that is at a twelve foot (12') elevation or less, shall be shown on this map. When a plat involving roads, drainage or utility work shall have been approved and filed for record, then such roads, draiinage or utility work shall be completed and accepted within six (6) calendar months from the date of acceptance. In case of inclement weather and upon application and approval, up to six (6) months extension may be granted. A note shall be placed on the plat, where applicable, requiring building floor elevation to be constructed six inches (6") albove the nearest roadway, or higher, if deemed necessary by City's Director of Engineering Services. Subdivisions that are located in a flood zone on the "Flood Hazard Boundary Map" for Nueces County will have the following requirements: Permanent type benchmarks shall be set in appropriate locations with the description and elevation shown on the plat. A note on the plat stating "A flood permit will be required from Nueces County for building structures." Appendix Aclean04012003 doc 6 All subdivision proposals shall be consistent with Section D of the Nueces County Flood Damage Prevention Ordinance. Contours at one-foot (1') intervals shall be shown on the plat. If the City requires curbs, gutters~ and underground drainage systems, the City will maintain the curbs, gutters, and gnderground drainage system at the same level of service as provided inside the City limits. OTHER REQUIREMENTS A certificate from each Tax Colle located must accompany the pla A certificate of title or title insura~ ownership of property and all lie~ :tor of a political subdivision in which property is to be recorded showing that all taxes are paid. ~ce on the subdivision must be furnished showing ~s against sale. ENFORCEMENT At the request of the City, the C( competent jurisdiction to enjoin t established by or adopted under amount adequate for the county necessary to bring about compli requirement. unty Attorney may file an action in a Court of we violation or threatened violation of the requirements the interlocal agreement or to recover damages in an to undertake any construction or other activity ~ce with the requirements established by the platting A person commits an offense if ~the person knowingly or intentionally violates a requirement established by or a~lopted under this interlocal agreement. The offense is a Class B misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000) and/or a jail sentence Of not more than one hundred eighty (180) days. Appendix Aclean04012003.doc 7 RESOLUTION AUTHORIZING THE MAYOR OR THE MAYOR'S DESIGNEE TO EXECUTE AN INTERILOCAL COOPERATION AGREEMENT WITH NUECES COUNTY RELATING TO THE APPROVAL OF PLATS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Mayor or the iMayor's designee is authorized to execute an interlocal cooperation agreement with Nueces County relating to the approval of plats within the extraterritorial jurisdiction of the City of Corpus Christi. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 14th day of May, 2003. Samuel L. Neal, Jr. Mayor R. Jay Reining Acting City Attorney R32805c1 doc EXHIBIT C City of Corpus Christi